Table Of Contents

Civil Liability Regulation 2003

Queensland Crest
Civil Liability Regulation 2003
Queensland Civil Liability Act 2003 Civil Liability Regulation 2003 Current as at 21 May 2014 Reprint note This is the last reprint before repeal. Repealed on 1 July 2014 by 2014 SL No. 129 s 10.
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Civil Liability Regulation 2003 Contents 1 2 3 4 5 5A 6 6A 6B 7 Schedule 1 Schedule 2 Schedule 3 Part 1 1 Part 2 Division 1 2 3 4 5 6 Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Prescribed entities providing services to enhance public safety—Act, s 26(1)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Prescribed entities providing services to enhance public safety—Act, s 27(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Rules for assessing injury scale value—Act, s 61(1)(c)(i) . . . . . . 12 General damages calculation provisions—Act, s 62 . . . . . . . . . . 12 Prescribed amount of award for future loss—Act, s 64 . . . . . . . . 13 Transitional provision for Civil Liability Amendment Regulation (No. 1) 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Prescribed entities providing services to enhance public safety—Act, section 26(1)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Prescribed entities providing services to enhance public safety—Act, section 27(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Matters to which court is to have regard in the application of schedule 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Objectives of schedule 4 (Ranges of injury scale values) Objectives of sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 How to use schedule 4 Injury Injury mentioned in sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Multiple injuries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Multiple injuries and maximum dominant ISV inadequate . . . . . . 20 Adverse psychological reaction . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Mental disorder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Civil Liability Regulation 2003 Contents 7 Division 2 8 9 10 11 12 13 14 Schedule 4 Part 1 1 2 3 3.1 4 5 6 7 8 9 Part 2 10 11 12 13 Part 3 Division 1 14 15 16 17 18 Division 2 19 20 Page 2 Aggravation of pre-existing condition . . . . . . . . . . . . . . . . . . . . . . Other matters Court must have regard to particular provisions of sch 4 . . . . . . . Court may have regard to other matters. . . . . . . . . . . . . . . . . . . . Whole person impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Medical report stating whole person impairment percentage. . . . Greater weight to assessments based on AMA 5 . . . . . . . . . . . . Greater weight to assessments of PIRS rating. . . . . . . . . . . . . . . ISV must be a whole number . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ranges of injury scale values . . . . . . . . . . . . . . . . . . . . . . . . . Central nervous system and head injuries Quadriplegia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Paraplegia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hemiplegia or severe paralysis of more than 1 limb. . . . . . . . . . . ................................................... Monoplegia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extreme brain injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious brain injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate brain injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor brain injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor head injury, other than an injury mentioned in part 3 . . . . . Mental disorders Extreme mental disorder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious mental disorder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate mental disorder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor mental disorder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Facial injuries Skeletal injuries of the facial area Extreme facial injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious facial injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate facial injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor facial injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Injury to teeth or gums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scarring to the face Extreme facial scarring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious facial scarring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 21 22 22 22 23 23 23 24 24 25 26 26 26 26 28 30 32 33 35 36 36 36 37 38 40 40 41 42 43
21 22 Part 4 Division 1 Division 2 23 24 25 26 27 28 29 Division 3 30 31 32 33 Division 4 34 35 Part 5 Division 1 36 37 38 39 Division 2 40 41 42 43 Division 3 44 45 46 Civil Liability Regulation 2003 Contents Moderate facial scarring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor facial scarring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Injuries affecting the senses General comment Injuries affecting the eyes Total sight and hearing impairment . . . . . . . . . . . . . . . . . . . . . . . Total sight impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complete sight impairment in 1 eye with reduced vision in the other eye . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complete sight impairment in 1 eye or total loss of 1 eye . . . . . . Serious eye injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate eye injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor eye injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Injuries affecting the ears Extreme ear injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious ear injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate ear injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor ear injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impairment of taste or smell Total loss of taste or smell, or both . . . . . . . . . . . . . . . . . . . . . . . . Partial loss of smell or taste, or both . . . . . . . . . . . . . . . . . . . . . . Injuries to internal organs Chest injuries Extreme chest injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious chest injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate chest injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor chest injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lung injury other than asthma Extreme lung injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious lung injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate lung injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor lung injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Asthma Extreme asthma . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Severe asthma . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate asthma . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 43 44 44 45 45 46 46 46 47 48 48 49 50 50 51 51 52 53 56 57 58 58 59 60 60 Page 3
Civil Liability Regulation 2003 Contents 47 Division 4 48 49 50 51 Division 5 52 53 54 Division 6 Subdivision 1 55 56 57 58 Subdivision 2 59 60 61 62 Division 7 63 64 65 66 Division 8 67 68 69 70 Division 9 71 72 73 74 Page 4 Minor asthma . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Injuries to male reproductive system Impotence and sterility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loss of part or all of penis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loss of both testicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loss of 1 testicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Injuries to female reproductive system Infertility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any other injury to the female reproductive system . . . . . . . . . . . Failed sterilisation leading to unwanted pregnancy . . . . . . . . . . . Injuries to digestive system Injury caused by trauma Extreme injury to the digestive system caused by trauma . . . . . . Serious injury to the digestive system caused by trauma . . . . . . Moderate injury to the digestive system caused by trauma . . . . . Minor injury to the digestive system caused by trauma . . . . . . . . Injury not caused by trauma Extreme injury to the digestive system not caused by trauma . . . Serious injury to the digestive system not caused by trauma . . . Moderate injury to the digestive system not caused by trauma . . Minor injury to the digestive system not caused by trauma . . . . . Kidney or ureter injuries Extreme injury to kidneys or ureters. . . . . . . . . . . . . . . . . . . . . . . Serious injury to kidneys or ureters . . . . . . . . . . . . . . . . . . . . . . . Moderate injury to kidneys or ureters . . . . . . . . . . . . . . . . . . . . . . Minor injury to kidneys or ureters . . . . . . . . . . . . . . . . . . . . . . . . . Liver, gall bladder or biliary tract injuries Extreme injury to liver, gall bladder or biliary tract . . . . . . . . . . . . Serious injury to liver, gall bladder or biliary tract . . . . . . . . . . . . . Moderate injury to liver, gall bladder or biliary tract . . . . . . . . . . . Minor injury to liver, gall bladder or biliary duct . . . . . . . . . . . . . . Bowel injuries Extreme bowel injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious bowel injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate bowel injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor bowel injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 61 62 63 63 64 65 66 67 68 69 69 70 71 73 74 75 76 76 77 78 78 79 80 81 81 81 82
Division 10 75 76 77 78 Division 11 79 80 81 Division 12 82 83 84 Part 6 Division 1 85 86 87 88 89 Division 2 90 91 92 93 94 Division 3 95 96 97 98 Division 4 99 100 Civil Liability Regulation 2003 Contents Bladder, prostate or urethra injuries Extreme bladder, prostate or urethra injury . . . . . . . . . . . . . . . . . Serious bladder, prostate or urethra injury . . . . . . . . . . . . . . . . . . Moderate bladder, prostate or urethra injury . . . . . . . . . . . . . . . . Minor bladder, prostate or urethra injury . . . . . . . . . . . . . . . . . . . Spleen and pancreas injuries Injuries to the pancreas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loss of spleen (complicated) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Injury to the spleen or uncomplicated loss of spleen . . . . . . . . . . Hernia injuries Severe hernia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate hernia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor hernia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orthopaedic injuries Cervical spine injuries Extreme cervical spine injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious cervical spine injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate cervical spine injury—fracture, disc prolapse or nerve root compression or damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate cervical spine injury—soft tissue injury . . . . . . . . . . . . Minor cervical spine injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Thoracic spine or lumbar spine injuries Extreme thoracic or lumbar spine injury . . . . . . . . . . . . . . . . . . . . Serious thoracic or lumbar spine injury . . . . . . . . . . . . . . . . . . . . Moderate thoracic or lumbar spine injury—fracture, disc prolapse or nerve root compression or damage. . . . . . . . . . . . . . Moderate thoracic or lumbar spine injury—soft tissue injury . . . . Minor thoracic or lumbar spine injury . . . . . . . . . . . . . . . . . . . . . . Shoulder injuries Extreme shoulder injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious shoulder injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate shoulder injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor shoulder injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amputation of upper limbs Loss of both upper limbs, or loss of 1 arm and extreme injury to the other arm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loss of 1 upper limb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 83 83 84 84 85 86 87 87 87 88 89 91 92 93 95 96 97 98 99 100 101 102 103 104 105 Page 5
Civil Liability Regulation 2003 Contents Division 5 101 102 103 104 Division 6 105 106 107 108 Division 7 109 110 111 112 113 114 115 116 117 118 119 120 Division 8 121 122 123 124 Division 9 125 126 127 Elbow injuries Extreme elbow injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious elbow injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate elbow injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor elbow injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wrist injuries Extreme wrist injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious wrist injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate wrist injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor wrist injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hand injuries Total or effective loss of both hands . . . . . . . . . . . . . . . . . . . . . . . Serious injury to both hands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total or effective loss of 1 hand . . . . . . . . . . . . . . . . . . . . . . . . . . Amputation of the thumb or part of the thumb . . . . . . . . . . . . . . . Amputation of index, middle and ring fingers, or any 2 of them . . Amputation of individual fingers . . . . . . . . . . . . . . . . . . . . . . . . . . Amputation of thumb and all fingers. . . . . . . . . . . . . . . . . . . . . . . Any other injury to 1 or more of the fingers or the thumb . . . . . . . Extreme hand injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious hand injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate hand injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor hand injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Upper limb injuries, other than injuries mentioned in divisions 3 to 7 Extreme upper limb injury, other than an injury mentioned in divisions 3 to 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious upper limb injury, other than an injury mentioned in divisions 3 to 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate upper limb injury, other than an injury mentioned in divisions 3 to 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor upper limb injury, other than an injury mentioned in divisions 3 to 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pelvis or hip injuries Extreme pelvis or hip injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious pelvis or hip injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate pelvis or hip injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 107 108 109 109 110 111 111 112 113 113 114 115 117 118 118 121 122 123 123 124 125 126 127 128 129 130 Page 6
Civil Liability Regulation 2003 Contents 128 Division 10 Subdivision 1 129 130 Subdivision 2 131 132 Division 11 133 134 135 136 Division 12 137 138 139 140 Division 13 141 142 143 144 Division 14 Subdivision 1 145 146 Subdivision 2 147 148 149 150 Minor pelvis or hip injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amputation of lower limbs Amputation of both lower limbs Loss of both lower limbs above or through the knee . . . . . . . . . . Below the knee amputation of both lower limbs . . . . . . . . . . . . . . Amputation of 1 lower limb Above or through the knee amputation of 1 lower limb . . . . . . . . Below the knee amputation of 1 lower limb . . . . . . . . . . . . . . . . . Lower limb injuries, other than injuries mentioned in division 9 or 10 or divisions 12 to 15 Extreme lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15 . . . . . . . . . . . . . . . . . . . . . . Serious lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15 . . . . . . . . . . . . . . . . . . . . . . Moderate lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15 . . . . . . . . . . . . . . . . . . . . . . Minor lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15 . . . . . . . . . . . . . . . . . . . . . . Knee injuries Extreme knee injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious knee injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate knee injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor knee injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ankle injuries Extreme ankle injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious ankle injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate ankle injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor ankle injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Foot injuries Amputations Amputation of both feet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amputation of 1 foot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other foot injuries Extreme foot injury that is not an amputation . . . . . . . . . . . . . . . . Serious foot injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate foot injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor foot injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 132 132 133 133 134 135 136 137 139 139 140 141 141 142 143 143 144 145 146 146 147 147 Page 7
Civil Liability Regulation 2003 Contents Division 15 151 152 153 154 Division 16 Part 7 155 Part 8 Part 9 156 157 158 Part 10 159 160 161 162 Schedule 5 Part 1 1 2 Part 2 3 4 5 6 7 8 Part 3 9 10 11 Part 4 12 Schedule 6 Page 8 Toe injuries Extreme toe injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious toe injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate toe injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor toe injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limb disorders Scarring to parts of the body other than the face Scarring to a part of the body other than the face . . . . . . . . . . . . Burn injuries Injuries affecting hair Extreme injury affecting head hair . . . . . . . . . . . . . . . . . . . . . . . . Serious injury affecting head hair . . . . . . . . . . . . . . . . . . . . . . . . . Moderate injury affecting head hair or loss of body hair. . . . . . . . Dermatitis Extreme dermatitis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Serious dermatitis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moderate dermatitis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor dermatitis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters relevant to PIRS assessment by medical expert . . . Explanation of the PIRS PIRS rates permanent impairment caused by mental disorder . . Areas of functional impairment. . . . . . . . . . . . . . . . . . . . . . . . . . . Assessment of PIRS rating Medical expert must comply with requirements . . . . . . . . . . . . . . How to assess a PIRS rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessment if pre-existing mental disorder . . . . . . . . . . . . . . . . . How to work out a median class score . . . . . . . . . . . . . . . . . . . . . Conversion table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Example worksheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular cases Refusal of treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cognitive impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pre-existing mental disorder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report of PIRS rating Court to be given PIRS report . . . . . . . . . . . . . . . . . . . . . . . . . . . Psychiatric impairment rating scale . . . . . . . . . . . . . . . . . . . . 147 149 149 150 153 156 156 157 157 157 158 158 159 159 159 160 160 161 162 162 164 164 165 165 166 168
Schedule 6A 1 2 3 4 5 Schedule 7 Civil Liability Regulation 2003 Contents General damages calculation provisions . . . . . . . . . . . . . . . . General damages calculation provisions—2 December 2002 to 30 June 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General damages calculation provisions—1 July 2010 to 30 June 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General damages calculation provisions—1 July 2011 to 30 June 2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General damages calculation provisions—1 July 2012 to 30 June 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General damages calculation provisions—1 July 2013 . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 180 181 183 185 186 189 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 192 192 193 195 Page 9
Civil Liability Regulation 2003 [s 1] Civil Liability Regulation 2003 [as amended by all amendments that commenced on or before 21 May 2014] 1 Short title This regulation may be cited as the Civil Liability Regulation 2003 . 2 Definitions Schedule 7 defines particular words used in this regulation. 3 Notes in text A note in the text of this regulation is part of the regulation. 4 Prescribed entities providing services to enhance public safety—Act, s 26(1)(a) For section 26(1)(a) of the Act, each entity mentioned in schedule 1 is prescribed. 5 Prescribed entities providing services to enhance public safety—Act, s 27(1) For section 27(1) of the Act, each entity mentioned in schedule 2 is prescribed. 5A Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 58 For the Act, section 58(1)(b), the amount prescribed is— (a) for an injury arising on or after 2 December 2002 to and including 30 June 2010—$30000; or Current as at 21 May 2014 Page 11
Civil Liability Regulation 2003 [s 6] (b) for an injury arising on or after 1 July 2010 to and including 30 June 2011—$35340; or (c) for an injury arising on or after 1 July 2011 to and including 30 June 2012—$36400; or (d) for an injury arising on or after 1 July 2012 to and including 30 June 2013—$38390; or (e) for an injury arising on or after 1 July 2013—$40460. 6 Rules for assessing injury scale value—Act, s 61(1)(c)(i) (1) This section and schedules 3 to 6 provide the rules under which a court must assess the injury scale value for an injury. (2) Schedule 4 provides the ranges of injury scale values for particular injuries that the court is to consider in assessing the injury scale value for those injuries. (3) For an injury not mentioned in schedule 4, a court, in assessing an injury scale value for the injury, may have regard to the ranges prescribed in schedule 4 for other injuries. (4) Schedule 3 provides matters to which a court is to have regard in the application of schedule 4. (5) Schedule 6 provides the psychiatric impairment rating scale that may be used with schedule 4. (6) Schedule 5 provides matters relevant to the application of schedule 6 and requirements with which a medical expert must comply in assessing a PIRS rating for a mental disorder of an injured person. 6A General damages calculation provisions—Act, s 62 (1) This section applies for the Act, section 62. (2) Schedule 6A, section 1 is prescribed as the general damages calculation provisions for an injury arising on or after 2 December 2002 to and including 30 June 2010. (3) Schedule 6A, section 2 is prescribed as the general damages calculation provisions for an injury arising on or after 1 July 2010 to and including 30 June 2011. Page 12 Current as at 21 May 2014
Civil Liability Regulation 2003 [s 6B] (4) Schedule 6A, section 3 is prescribed as the general damages calculation provisions for an injury arising on or after 1 July 2011 to and including 30 June 2012. (5) Schedule 6A, section 4 is prescribed as the general damages calculation provisions for an injury arising on or after 1 July 2012 to and including 30 June 2013. (6) Schedule 6A, section 5 is prescribed as the general damages calculation provisions for an injury arising on or after 1 July 2013. 6B Prescribed amount of award for future loss—Act, s 64 For the Act, section 64, the amount prescribed is— (a) for an injury arising on or after 2 December 2002 to and including 30 June 2010—$100000; or (b) for an injury arising on or after 1 July 2010 to and including 30 June 2011—$117800; or (c) for an injury arising on or after 1 July 2011 to and including 30 June 2012—$121350; or (d) for an injury arising on or after 1 July 2012 to and including 30 June 2013—$128000; or (e) for an injury arising on or after 1 July 2013—$134910. 7 Transitional provision for Civil Liability Amendment Regulation (No. 1) 2008 (1) This regulation as in force immediately before the commencement continues to apply to injuries arising before the commencement. (2) This regulation as in force at the commencement applies to injuries arising on or after the commencement. (3) In this section— commencement means the commencement of this section. Current as at 21 May 2014 Page 13
Civil Liability Regulation 2003 Schedule 1 Schedule 1 Prescribed entities providing services to enhance public safety—Act, section 26(1)(a) section 4 Page 14 Australian Helicopters Pty Ltd ABN 50 011 075 460 when providing aeromedical, air rescue and other emergency helicopter services under an agreement with the State Brisbane City Council Capricorn Helicopter Rescue Service Limited ABN 35 071 728 295 CareFlight Medical Services Limited ABN 83 101 511 719 CareFlight (Qld) Limited ABN 45 010 316 462 Central Queensland Helicopter Rescue Service Ltd ABN 73 415 515 751 the department administering the Disaster Management Act 2003 a local government or joint local government under the Local Government Act 2009 Queensland Ambulance Service established under the Ambulance Service Act 1991 the Queensland Fire and Emergency Service under the Fire and Emergency Services Act 1990 the Queensland flotillas of The Australian Volunteer Coast Guard Association Inc. ABN 99 392 980 313 Royal Life Saving Society Queensland Incorporated and affiliated bodies providing services at or near the following places— (a) Bulcock Beach, Caloundra; (b) Tallebudgera Creek, Gold Coast; (c) public swimming pools Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 1 a rural fire brigade registered under the Fire and Emergency Services Act 1990 the State Emergency Service under the Fire and Emergency Services Act 1990 St John Ambulance Australia—Queensland Sunshine Coast Helicopter Rescue Service Ltd ABN 34 010 104 560 Surf Life Saving Queensland ABN 27 360 485 381 and affiliated bodies Volunteer Marine Rescue Association Queensland Inc. and affiliated bodies Current as at 21 May 2014 Page 15
Civil Liability Regulation 2003 Schedule 2 Schedule 2 Prescribed entities providing services to enhance public safety—Act, section 27(1) section 5 Page 16 Australian Helicopters Pty Ltd ABN 50 011 075 460 when providing aeromedical, air rescue and other emergency helicopter services under an agreement with the State Brisbane City Council Capricorn Helicopter Rescue Service Limited ABN 35 071 728 295 CareFlight Medical Services Limited ABN 83 101 511 719 CareFlight (Qld) Limited ABN 45 010 316 462 Central Queensland Helicopter Rescue Service Ltd ABN 73 415 515 751 the department administering the Disaster Management Act 2003 a local government or joint local government under the Local Government Act 2009 Queensland Ambulance Service established under the Ambulance Service Act 1991 the Queensland Fire and Emergency Service under the Fire and Emergency Services Act 1990 the Queensland flotillas of The Australian Volunteer Coast Guard Association Inc. ABN 99 392 980 313 Royal Life Saving Society Queensland Incorporated and affiliated bodies providing services at or near the following places— (a) Bulcock Beach, Caloundra; (b) Tallebudgera Creek, Gold Coast; (c) public swimming pools Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 2 a rural fire brigade registered under the Fire and Emergency Services Act 1990 the State Emergency Service under the Fire and Emergency Services Act 1990 St John Ambulance Australia—Queensland Sunshine Coast Helicopter Rescue Service Ltd ABN 34 010 104 560 Surf Life Saving Queensland ABN 27 360 485 381 and affiliated bodies Volunteer Marine Rescue Association Queensland Inc. and affiliated bodies Current as at 21 May 2014 Page 17
Civil Liability Regulation 2003 Schedule 3 Schedule 3 Matters to which court is to have regard in the application of schedule 4 section 6(1) Part 1 Objectives of schedule 4 (Ranges of injury scale values) 1 Objectives of sch 4 The objectives of schedule 4 include promoting— (a) consistency between assessments of general damages awarded by courts for similar injuries; and (b) similar assessments of general damages awarded by courts for different types of injury that have a similar level of adverse impact on an injured person. Notes — • Under the Act, section 61(1), if general damages are to be awarded by a court in relation to an injury arising after 1 December 2002, the court must assess an injury scale value as follows— • the injured person’s total general damages must be assigned a numerical value ( injury scale value ) on a scale running from 0 to 100—the Act, section 61(1)(a) • the scale reflects 100 equal graduations of general damages, from a case in which an injury is not severe enough to justify any award of general damages to a case in which an injury is of the gravest conceivable kind—the Act, section 61(1)(b) • in assessing the injury scale value, the court must— • assess the injury scale value under any rules provided under a regulation; and • have regard to the injury scale values given to similar injuries in previous proceedings—the Act, section 61(1)(c). • Under the Act, section 61(2), if a court assesses an injury scale value for a particular injury to be more or less than any injury scale Page 18 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 3 value prescribed for or attributed to similar particular injuries under the Act, section 61(1)(c), the court must state the factors on which the assessment is based that justify the assessed injury scale value. Part 2 How to use schedule 4 Division 1 Injury 2 Injury mentioned in sch 4 (1) In assessing the injury scale value ( ISV ) for an injury mentioned in the injury column of schedule 4, a court must consider the range of injury scale values stated in schedule 4 for the injury. (2) The range of ISVs for the injury reflects the level of adverse impact of the injury on the injured person. 3 Multiple injuries (1) Subject to section 4, in assessing the ISV for multiple injuries, a court must consider the range of ISVs for the dominant injury of the multiple injuries. (2) To reflect the level of adverse impact of multiple injuries on an injured person, the court may assess the ISV for the multiple injuries as being higher in the range of ISVs for the dominant injury of the multiple injuries than the ISV the court would assess for the dominant injury only. Note — This section acknowledges that— • the effects of multiple injuries commonly overlap, with each injury contributing to the overall level of adverse impact on the injured person; and • if each of the multiple injuries were assigned an individual ISV and these ISVs were added together, the total ISV would generally be too high. Current as at 21 May 2014 Page 19
Civil Liability Regulation 2003 Schedule 3 4 Multiple injuries and maximum dominant ISV inadequate (1) This section applies if a court considers the level of adverse impact of multiple injuries on an injured person is so severe that the maximum dominant ISV is inadequate to reflect the level of impact. (2) To reflect the level of impact, the court may make an assessment of the ISV for the multiple injuries that is higher than the maximum dominant ISV. (3) However, the ISV for the multiple injuries— (a) must not be more than 100; and Note — Under the Act, section 61(1)(a), an ISV is assessed on a scale running from 0 to 100. ( b ) should rarely be more than 25% higher than the maximum dominant ISV. (4) If the increase is more than 25% of the maximum dominant ISV, the court must give detailed written reasons for the increase. (5) In this section— maximum dominant ISV , in relation to multiple injuries, means the maximum ISV in the range for the dominant injury of the multiple injuries. 5 Adverse psychological reaction (1) This section applies if a court is assessing an ISV where an injured person has an adverse psychological reaction to a physical injury. (2) The court must treat the adverse psychological reaction merely as a feature of the injury. 6 Mental disorder (1) This section applies if— (a) a court is assessing an ISV; and Page 20 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 3 (b) a PIRS rating for a mental disorder of an injured person is relevant under schedule 4. (2) The PIRS rating for the mental disorder of the injured person is the PIRS rating accepted by the court. (3) A PIRS rating is capable of being accepted by the court only if it is— (a) assessed by a medical expert as required under schedules 5 and 6; and (b) provided to the court in a PIRS report as required under schedule 5, section 12. 7 Aggravation of pre-existing condition (1) This section applies if an injured person has a pre-existing condition that is aggravated by an injury for which a court is assessing an ISV. (2) In considering the impact of the aggravation of the pre-existing condition, the court may have regard only to the extent to which the pre-existing condition has been made worse by the injury. Division 2 Other matters 8 Court must have regard to particular provisions of sch 4 (1) In addition to providing ranges of ISVs for particular injuries, schedule 4 sets out provisions relevant to using schedule 4 to assess an ISV for particular injuries. Examples of relevant provisions — • examples of the injury • examples of factors affecting ISV assessment • comments about appropriate level of ISV (2) In assessing an ISV, a court must have regard to those provisions to the extent they are relevant in a particular case. Current as at 21 May 2014 Page 21
Civil Liability Regulation 2003 Schedule 3 (3) The fact that schedule 4 provides examples of factors affecting an ISV assessment is not intended to discourage a court from having regard to other factors it considers are relevant in a particular case. 9 Court may have regard to other matters In assessing an ISV, a court may have regard to other matters to the extent they are relevant in a particular case. Examples of other matters — • the injured person’s age, degree of insight, life expectancy, pain, suffering and loss of amenities of life • the effects of a pre-existing condition of the injured person • difficulties in life likely to have emerged for the injured person whether or not the injury happened • in assessing an ISV for multiple injuries, the range for, and other provisions of schedule 4 in relation to, an injury other than the dominant injury of the multiple injuries 10 Whole person impairment The extent of whole person impairment is an important consideration, but not the only consideration affecting the assessment of an ISV. 11 Medical report stating whole person impairment percentage If a medical report states a whole person impairment percentage, it must state how the percentage is calculated, including— (a) the clinical findings; and (b) how the impairment is calculated; and (c) if the percentage is based on criteria provided under AMA 5— (i) the provisions of AMA 5 setting out the criteria; and Page 22 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 3 (ii) if a range of percentages is available under AMA 5 for an injury of the type being assessed—the reason for assessing the injury at the selected point in the range. Notes — 1 It is not a function of a doctor to identify— (a) the item in schedule 4 to which an injury belongs; or (b) the appropriate ISV for an injury. 2 A medical report tended in evidence in a proceeding for a claim for personal injury damages must comply with the Uniform Civil Procedure Rules 1999 , chapter 11, part 5. 12 Greater weight to assessments based on AMA 5 (1) This section does not apply to a medical assessment of scarring or of a mental disorder. (2) In assessing an ISV, a court must give greater weight to a medical assessment of a whole person impairment percentage based on the criteria for the assessment of whole person impairment provided under AMA 5 than to a medical assessment of a whole person impairment percentage not based on the criteria. 13 Greater weight to assessments of PIRS rating In assessing an ISV, a court must give greater weight to a PIRS report provided as required under schedule 5 than to another medical assessment of the permanent impairment caused by a mental disorder. 14 ISV must be a whole number An ISV assessed by a court must be a whole number. Note — Under the Act, section 61(1)(a), an ISV is assessed on a scale running from 0 to 100. Current as at 21 May 2014 Page 23
Civil Liability Regulation 2003 Schedule 4 Schedule 4 Ranges of injury scale values section 6(1) Item Injury no. Part 1 1 Quadriplegia Other provisions Range of injury scale values (ISVs) Central nervous system and head injuries 75 to 100 Examples of factors affecting ISV assessment • Presence and extent of pain • Extent of any residual movement • Degree of insight • Adverse psychological reaction • Level of function and pre-existing function • Degree of independence • Ability to participate in daily activities, including employment • Presence and extent of secondary medical complications Page 24 Current as at 21 May 2014
2 Paraplegia Civil Liability Regulation 2003 Schedule 4 Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate only if the injured person has assisted ventilation, full insight, extreme physical limitation and gross impairment of ability to communicate. 60 to 80 Examples of factors affecting ISV assessment • Presence and extent of pain • Extent of any residual movement • Adverse psychological reaction • Level of function and pre-existing function • Degree of independence • Ability to participate in daily activities, including employment • Loss of reproductive or sexual function • Bowel or bladder incontinence • Presence and extent of secondary medical complications Current as at 21 May 2014 Page 25
Civil Liability Regulation 2003 Schedule 4 3 Hemiplegia or severe paralysis of more than 1 limb Comment for item 3 Incomplete paralysis causing whole person impairment of less than 40% must be assessed under part 6 if it is the only injury or the dominant injury of multiple injuries. Examples of factors affecting ISV assessment for item 3 3.1 3.2 4 Monoplegia The same examples apply as for item 2. Complete or nearly complete 60 to 80 paralysis Other paralysis, causing whole 45 to 60 person impairment of at least 40% Comment See items 5, 6 and 7 and part 6. 5 Extreme brain injury Comment The injury will involve major trauma to the brain with severe permanent impairment. 5.1 Substantial insight remaining 71 to 100 Comment about appropriate level of ISV for item 5.1 • An ISV at or near the top of the range will be appropriate only if the injured person needs full-time nursing care and has the following— Page 26 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 • substantial insight despite gross disturbance of brain function • significant physical limitation and destruction of pre-existing lifestyle • epileptic seizures • double incontinence • little or no language function • little or no meaningful response to environment. • An injured person with an injury for which an ISV at or near the top of the range is appropriate may have some ability to follow basic commands, recovery of eye opening, return of postural reflex movement and return to pre-existing sleep patterns. Examples of factors affecting ISV assessment for item 5.1 • Degree of insight • Life expectancy • Extent of bodily impairment 5.2 Substantially reduced insight Comment for items 5.2.1 and 5.2.2 • The injured person will have major trauma to the brain with severe permanent impairment. • The injured person’s insight of his or her condition may change. Current as at 21 May 2014 Page 27
Civil Liability Regulation 2003 Schedule 4 • Insight may be impaired in the degree, or continuity of, appreciation of the injured person’s condition. Examples of factors affecting ISV assessment for items 5.2.1 and 5.2.2 5.2.1 5.2.2 5.3 The same examples apply as for an item 5.1 injury, but reducing levels of insight progressively reduce the level of suffering and the appropriate level of ISV. The injured person will have 36 to 70 partial or complete insight (as evidenced by appropriate responses to physical or emotional stimuli) for not more than half of the person’s waking hours. The injured person will have 16 to 35 infrequent periods of partial insight and will show unreliable, rare or limited responses to physical or emotional stimuli. Grossly reduced insight 10 to 15 Comment for item 5.3 The injured person will be in a persistent vegetative state and have little or no insight. Comment about appropriate level of ISV for item 5.3 If some minor awareness of loss remains, an ISV at or near the top of the range may be appropriate. 6 Serious brain injury 56 to 70 Comment Page 28 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 The injured person will be very seriously disabled. Example of the injury Serious brain damage causing— (a) physical impairment, for example, limb paralysis; or (b) cognitive impairment with marked impairment of intellect and personality Examples of factors affecting ISV assessment • Degree of insight • Life expectancy • Extent of physical limitations • Extent of cognitive limitations • Extent of sensory limitation, for example, limitation of hearing or sense of taste or smell • Level of function and pre-existing function • Degree of independence • Ability to communicate • Behavioural or psychological changes • Epilepsy or a high risk of epilepsy • Presence of and extent of secondary medical complications Current as at 21 May 2014 Page 29
Civil Liability Regulation 2003 Schedule 4 Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate only if the injured person substantially depends on others and needs substantial professional and other care. 7 Moderate brain injury 21 to 55 Comment The injured person will be seriously disabled, but the degree of the injured person’s dependence on others, although still present, is lower than for an item 6 injury. Examples of factors affecting ISV assessment • Degree of insight • Life expectancy • Extent of physical limitations • Extent of cognitive limitations • Extent of sensory limitation, for example, limitation of hearing or sense of taste or smell • Level of function and pre-existing function • Degree of independence • Ability to communicate • Behavioural or psychological changes • Epilepsy or a high risk of epilepsy Page 30 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 • Presence of, and extent of, secondary medical complications Comment about appropriate level of ISV • An ISV of 21 to 25 will be appropriate if there is reduced concentration and memory, or reduced mood control, and either or both— • reduced capacity for employment • a noticeable interference with lifestyle and leisure. • An ISV of 26 to 40 will be appropriate if there is an increased risk of epilepsy and either or both— • a moderate cognitive impairment • loss of, or greatly reduced capacity for, employment. • An ISV of 41 to 55 will be appropriate if there is no capacity for employment, and 1 or more of the following— • moderate to severe cognitive impairment • marked personality change • dramatic effect on speech, sight or other senses • epilepsy or a high risk of epilepsy. Current as at 21 May 2014 Page 31
Civil Liability Regulation 2003 Schedule 4 8 Minor brain injury Comment 6 to 20 The injured person will make a good recovery and be able to take part in normal social life and to return to work. There may be minor problems persisting that prevent a restoration of normal function. Examples of factors affecting ISV assessment • Severity of any physical injury causing the brain damage, having regard to— (a) any medical assessment made immediately after the injury was caused, for example, CT or MRI scans, an ambulance officer’s assessment or hospital emergency unit assessment; and (b) any post-traumatic amnesia. • Extent of any ongoing, and possibly permanent, disability • Extent of any personality change • Depression • Degree of insight • Life expectancy • Extent of physical limitations • Extent of cognitive limitations Page 32 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 • Extent of sensory limitation, for example, limitation of hearing or sense of taste or smell • Level of function and pre-existing function • Degree of independence • Ability to communicate • Behavioural or psychological changes • Epilepsy or a high risk of epilepsy • Presence of, and extent of, secondary medical complications Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if the injured person has— • an increased risk of epilepsy; and • ongoing reduced concentration and memory, or reduced mood control, that does not significantly interfere with the person’s ability to take part in normal social life or return to work. 9 Minor head injury, other than an injury mentioned in part 3 0 to 5 Comment Brain damage, if any, is minimal. Current as at 21 May 2014 Page 33
Civil Liability Regulation 2003 Schedule 4 Examples of the injury • Uncomplicated skull fracture • Concussion with transitory loss of consciousness and no residual effects Examples of factors affecting ISV assessment • Severity of any physical injury causing brain damage • Length of time to recover from any symptoms • Extent of ongoing symptoms • Presence, or absence of, headaches Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate for an injury from which the injured person fully recovers within a few weeks. • An ISV at or near the top of the range will be appropriate if there is an uncomplicated skull fracture and there are associated concussive symptoms of dizziness, headache and memory loss persisting for less than 6 months. Page 34 Current as at 21 May 2014
Part 2 10 Extreme mental disorder Civil Liability Regulation 2003 Schedule 4 Mental disorders General comment for items 10 to 13 This part includes references to ratings on the psychiatric impairment rating scale set out in schedule 6 ( PIRS ratings ). A PIRS rating is capable of being accepted by a court only if it is assessed by a medical expert as required under schedules 5 and 6 and provided to the court in a PIRS report. Examples of factors affecting ISV assessment for items 10 to 13 • PIRS rating • Degree of insight • Age and life expectancy • Pain and suffering • Loss of amenities of life • Likelihood difficulties would have emerged in any event • If there is extreme psychological trauma, for example, intense helplessness or horror, the immediate adverse psychological reaction 41 to 65 Example of the injury A mental disorder with a PIRS rating between 31% and 100% Current as at 21 May 2014 Page 35
Civil Liability Regulation 2003 Schedule 4 Comment about appropriate level of ISV 11 Serious mental disorder Despite a very high PIRS rating, an ISV at or near the bottom of the range may be appropriate if the injured person has reduced insight. 11 to 40 Example of the injury 12 Moderate mental disorder A mental disorder with a PIRS rating between 11% and 30% 2 to 10 Comment There is generally only moderate impairment. Example of the injury A mental disorder with a PIRS rating between 4% and 10% 13 Minor mental disorder 0 to 1 Comment For many persons who have suffered the injury there will be little or no impact on their lives. Example of the injury A mental disorder with a PIRS rating between 0% and 3% Page 36 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 Part 3 Division 1 14 Extreme facial injury Facial injuries Skeletal injuries of the facial area Examples of factors affecting ISV assessment for items 14 to 22 • Extent of skeletal or functional damage • Degree of cosmetic damage or disfigurement • Adverse psychological reaction • Availability of cosmetic repair 26 to 45 Comment The injury will involve severe traumatic injury to the face requiring substantial reconstructive surgery. Examples of the injury • A Le Fort I fracture or Le Fort II fracture if the degree of incapacity and disfigurement after reconstructive surgery will be very severe • A Le Fort III fracture causing incapacity in daily activities Additional example of factor affecting ISV assessment The extent of any neurological impairment or effect on the airway Note — Le Fort I fracture, Le Fort II fracture and Le Fort III fracture are defined in schedule 7 (Dictionary). Current as at 21 May 2014 Page 37
Civil Liability Regulation 2003 Schedule 4 15 Serious facial injury Comment 14 to 25 The injury will involve serious traumatic injury to the face requiring reconstructive surgery that is not substantial. Examples of the injury • A Le Fort I fracture or Le Fort II fracture if the degree of incapacity and disfigurement after reconstructive surgery will not be very severe • A Le Fort III fracture if no serious deformity will remain after reconstructive surgery • A serious or multiple fracture of the nasal complex either or both— (a) requiring more than 1 operation; and (b) causing 1 or more of the following— • permanent damage to the airway • permanent damage to nerves or tear ducts • facial deformity. • A serious cheekbone fracture that will require surgery and cause serious disfigurement and permanent effects despite reconstructive surgery, for example, hyperaesthesia or paraesthesia Page 38 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 • A very serious multiple jaw fracture that will— (a) require prolonged treatment; and (b) despite reconstructive surgery, cause permanent effects, for example, severe pain, restriction in eating, paraesthesia or a risk of arthritis in the joints. • A severed trunk of the facial nerve (7th cranial nerve), causing total paralysis of facial muscles on 1 side of the face Additional examples of factors affecting ISV assessment • Any neurological impairment or effect on the airway • Permanent cosmetic deformity Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if the injury causes permanent cosmetic deformity, asymmetry of 1 side of the face and limited adverse psychological reaction. • An ISV at or near the top of the range will be appropriate if the injury causes serious bilateral deformity and significant adverse psychological reaction. Current as at 21 May 2014 Page 39
Civil Liability Regulation 2003 Schedule 4 16 Moderate facial injury 17 Minor facial injury 6 to 13 Examples of the injury • A simple cheekbone fracture, requiring minor reconstructive surgery, from which the injured person will fully recover with little or no cosmetic damage • A fracture of the jaw causing— (a) permanent effects, for example, difficulty in opening the mouth or in eating; or (b) hyperaesthesia or paraesthesia in the area of the fracture. • A displaced fracture of the nasal complex from which the injured person will almost fully recover after surgery • Severed branches of the facial nerve (7th cranial nerve) with paralysis of some of the facial muscles • A severed sensory nerve of the face with minor permanent paraesthesia 0 to 5 Examples of the injury • A simple cheekbone fracture, for which surgery is not required and from which the injured person will recover fully Page 40 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 • A simple jaw fracture, requiring immobilisation and from which the injured person will fully recover • A stable fracture of the joint process of the jaw • A displaced fracture of the nasal complex requiring only manipulation • A simple undisplaced fracture of the nasal complex, from which the injured person will fully recover • A severed sensory nerve of the face, with good repair causing minimal or no paraesthesia 18 Injury to teeth or gums Comment There will generally have been a course of treatment as a result of the injury. Additional examples of factors affecting ISV assessment • Extent and degree of discomfort during treatment • Difficulty with eating Comment about appropriate level of ISV If protracted dentistry causes the injury, the ISV may be higher than the ISV for the same injury caused by something else. 18.1 Loss of or serious damage to more 6 to 10 than 3 teeth, serious gum injury or serious gum infection Current as at 21 May 2014 Page 41
Civil Liability Regulation 2003 Schedule 4 18.2 18.3 Division 2 Loss of or serious damage to 2 or 3 to 5 3 teeth, moderate gum injury or moderate gum infection Loss of or serious damage to 0 to 2 1 tooth , minor gum injury or minor gum infection Scarring to the face General comment for items 19 to 22 This division will usually apply to an injury involving skeletal damage only if the skeletal damage is minor. 19 Extreme facial scarring 21 to 45 Examples of the injury • Widespread area scarring, for example, over the side of the face or another whole area • Severe contour deformity • Significant deformity of the mouth or eyelids with muscle paralysis or tic Comment about appropriate level of ISV • An ISV in the upper half of the range may be appropriate if the injured person is relatively young, the cosmetic damage is very disfiguring and the adverse psychological reaction is severe. • An ISV at or near the top of the range will be appropriate if the injury is caused by burns that resulted in loss of the entire nose, eyelids or ears. Page 42 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 20 Serious facial scarring Examples of the injury 11 to 20 21 Moderate facial scarring • Substantial disfigurement and significant adverse psychological reaction • Severe linear scarring • Discoloured hypertrophic (keloid) scarring • Atrophic scarring • Serious contour defects 6 to 10 Comment Any adverse psychological reaction is small, or having been considerable at the outset, has greatly diminished. Examples of the injury 22 Minor facial scarring • Scarring, the worst effects of which will be reduced by plastic surgery that will leave minor cosmetic damage • Scars crossing lines of election with discoloured, indurated, hypertrophic or atrophic scarring, of moderate severity 0 to 5 Examples of the injury • A single scar able to be camouflaged Current as at 21 May 2014 Page 43
Civil Liability Regulation 2003 Schedule 4 Part 4 Division 1 Division 2 23 Total sight and hearing impairment 24 Total sight impairment • More than 1 very small scar if the overall effect of the scars is to mar, but not markedly to affect, appearance and adverse psychological reaction is minor • Almost invisible linear scarring, in lines of election, with normal texture and elevation Injuries affecting the senses General comment General comment for items 23 to 33 Injuries mentioned in this part are commonly symptoms of brain or nervous system injury. Injuries affecting the eyes 90 to 100 Comment The injury ranks with the most devastating injuries. Examples of factors affecting ISV assessment • Degree of insight • Age and life expectancy 50 to 80 Examples of factors affecting ISV assessment • Degree of insight • Age and life expectancy Page 44 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 25 Complete sight impairment in 1 eye with reduced vision in the other eye 25 to 50 Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there is serious risk of further significant deterioration in the remaining eye. 26 Complete sight impairment in 1 eye or total loss of 1 eye 26 to 30 Examples of factors affecting ISV assessment • The extent to which the injured person’s activities are adversely affected by the impairment or loss • Associated scarring or cosmetic damage Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there is a minor risk of sympathetic ophthalmia. Current as at 21 May 2014 Page 45
Civil Liability Regulation 2003 Schedule 4 27 Serious eye injury Examples of the injury 11 to 25 • A serious but incomplete loss of vision in 1 eye without significant risk of loss or reduction of vision in the other eye • An injury causing double vision that is not minor and intermittent 28 Moderate eye injury 6 to 10 Example of the injury 29 Minor eye injury Minor but permanent impairment of vision in one eye, including if there is double vision that is minor and intermittent 0 to 5 Examples of the injury • A minor injury, for example, from being struck in the eye, exposed to smoke or other fumes or being splashed by liquids— (a) causing initial pain and temporary interference with vision; and (b) from which the injured person will fully recover within a relatively short time Page 46 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 Division 3 30 Extreme ear injury Injuries affecting the ears Comment for items 30 to 33 The injuries commonly, but not always, involve hearing loss. If the injury is to a single ear, the binaural loss must be assessed. Examples of factors affecting ISV assessment for item 30 to 33 injuries • Whether the injury has an immediate effect, allowing the injured person no opportunity to adapt, or whether it occurred over a period of time, for example, from exposure to noise • Whether the injury was suffered at an early age so that it has affected or will affect speech • Whether the injury will affect balance • The extent to which former activities will be affected • Presence of tinnitus 36 to 55 Definition of injury The injury involves a binaural hearing loss of at least 80%. Additional examples of factors affecting ISV assessment • Associated problems, for example, severe tinnitus, moderate vertigo, a moderate vestibular disturbance or headaches Current as at 21 May 2014 Page 47
Civil Liability Regulation 2003 Schedule 4 • Availability of hearing aids or other devices that may reduce the hearing loss Comment about appropriate level of ISV 31 Serious ear injury An ISV at or near the top of the range will be appropriate if the injury happened at an early age so as to prevent or to seriously affect the development of normal speech. 26 to 35 Definition of injury The injury involves— (a) a binaural hearing loss of at least 50% but less than 80%; or (b) severe permanent vestibular disturbance. Comment about appropriate level of ISV An ISV in the lower half of the range will be appropriate if there is no speech impairment or tinnitus. An ISV in the upper half of the range will be appropriate if there is speech impairment and tinnitus. 32 Moderate ear injury 11 to 25 Definition of injury The injury involves— (a) a binaural hearing loss of at least 20% but less than 50%; or (b) significant permanent vestibular disturbance. Page 48 Current as at 21 May 2014
33 Minor ear injury 33.1 33.2 33.3 Civil Liability Regulation 2003 Schedule 4 Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there are problems associated with the injury, for example, severe tinnitus, moderate vertigo, a moderate vestibular disturbance or headaches. Definition of injury The injury involves a binaural hearing loss of less than 20%. Comment • This item covers the bulk of hearing impairment cases. • The injury is not to be judged simply by the degree of hearing loss. • There will often be a degree of tinnitus present. • There may also be minor vertigo or a minor vestibular disturbance causing loss of balance. • A vestibular disturbance may increase the level of ISV. Moderate tinnitus or hearing loss, 6 to 10 or both Mild tinnitus with some hearing 4 to 5 loss Slight or occasional tinnitus with 0 to 3 slight hearing loss or an occasional vestibular disturbance, or both Current as at 21 May 2014 Page 49
Civil Liability Regulation 2003 Schedule 4 Division 4 34 Total loss of taste or smell, or both Impairment of taste or smell 6 to 9 Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there will be a total loss of either taste or smell. • An ISV at or near the top of the range will be appropriate if there will be a total loss of both taste and smell. 35 Partial loss of smell or taste, or both 0 to 5 Comment about appropriate level of ISV Part 5 Division 1 • An ISV at or near the bottom of the range will be appropriate if there will be a partial loss of either taste or smell. • An ISV at or near the top of the range will be appropriate if there will be a partial loss of both taste and smell. Injuries to internal organs Chest injuries Example of factor affecting ISV assessment for items 36 to 39 The level of any reduction in the capacity for employment and enjoyment of life Page 50 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 36 Extreme chest injury Comment 46 to 65 The injury will involve severe traumatic injury to the chest, or a large majority of the organs in the chest cavity, causing a high level of disability and ongoing medical problems. Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there will be total removal of 1 lung or serious heart damage, or both, with serious and prolonged pain and suffering and significant permanent scarring. 37 Serious chest injury 21 to 45 Comment The injury will involve serious traumatic injury to the chest or organs in the chest cavity, causing serious disability and ongoing medical problems. Examples of the injury • A trauma to 1 or more of the following, causing permanent damage, physical disability and impairment of function— • the chest • the heart • 1 or both of the lungs • the diaphragm. Current as at 21 May 2014 Page 51
Civil Liability Regulation 2003 Schedule 4 38 Moderate chest injury • An injury that causes the need for oxygen therapy for about 16 to 18 hours a day Example of factors affecting ISV assessment The need for a permanent tracheostomy Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if, after recovery, there are both of the following— (a) serious impairment to cardio-pulmonary function; (b) whole person impairment for the injury of, or of nearly, 40%. 11 to 20 Example of the injury The injury will involve serious traumatic injury to the chest or organs in the chest cavity, causing moderate disability and ongoing medical problems Examples of factors affecting ISV assessment • Duration and intensity of pain and suffering Page 52 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 • The degree of permanent impairment of lung or cardiac function, as evidenced by objective test results • The need for a temporary tracheostomy for short-term airway management Comment about appropriate level of ISV An ISV at or near the bottom of the range will be appropriate if there will be the loss of a breast without significant adverse psychological reaction. An ISV in the lower half of the range will be appropriate if there was a pneumothorax, or haemothorax, requiring intercostal catheter insertion. An ISV at or near the top of the range will be appropriate if there are multiple rib fractures causing— (a) a flail segment (flail chest) requiring mechanical ventilation in the acute stage; and (b) moderate permanent impairment of cardio-pulmonary function. 39 Minor chest injury Examples of factors affecting ISV assessment for items 39.1 and 39.2 • complexity of any fractures • extent of injury to underlying organs • extent of any disability Current as at 21 May 2014 Page 53
Civil Liability Regulation 2003 Schedule 4 39.1 • duration and intensity of pain and suffering Complicated or significant 5 to 10 fracture, or internal organ injury, that substantially resolves Comment The injury will involve significant or complicated fractures, or internal injuries, that cause some tissue damage but no significant long-term effect on organ function. Examples of the injury • Multiple fractures of the ribs or sternum, or both, that may cause cardio-pulmonary contusion • Internal injuries that cause some tissue damage but no significant long-term effect on organ function Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is a fractured sternum that substantially resolves, and there is some ongoing pain and activity restriction. • An ISV at or near the top of the range will be appropriate if the injury causes significant persisting pain and significant activity restriction. Page 54 Current as at 21 May 2014
39.2 Civil Liability Regulation 2003 Schedule 4 Soft tissue injury, minor fracture 0 to 4 or minor internal organ injury Comment • The injury will involve a soft tissue injury, minor fracture, or minor and non-permanent injury to internal organs. • There may be persistent pain from the chest, for example, from the chest wall or sternocostal or costochondral joints. Examples of the injury • A single penetrating wound, causing some tissue damage but no long-term effect on lung function • An injury to the lungs caused by the inhalation of toxic fumes or smoke that will not permanently interfere with lung function • A soft tissue injury to the chest wall, for example, a laceration or serious seatbelt bruising • Fractured ribs or a minor fracture of the sternum causing serious pain and disability for weeks, without internal organ damage or permanent disability Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is a soft tissue injury from which the injured person will fully recover. Current as at 21 May 2014 Page 55
Civil Liability Regulation 2003 Schedule 4 Division 2 • An ISV at or near the top of the range will be appropriate if there is an injury causing a small pneumothorax that does not require intercostal catheter insertion, and from which the injured person will fully recover. Lung injury other than asthma General comment for items 40 to 43 The level of an ISV for lung disease often reflects the fact that the disease is worsening and there is a risk of the development of secondary medical consequences. Examples of factors affecting ISV assessment for items 40 to 43 • A history of smoking tobacco will reduce the level of ISV • Adverse psychological reaction may increase the level of ISV 40 Extreme lung injury 46 to 65 Examples of the injury • Diagnosed lung cancer • Lung disease involving serious disability causing severe pain and dramatic impairment of function and quality of life • A recurrent pulmonary embolism resulting in failure of the right side of the heart requiring a lung transplant, heart transplant or both Page 56 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 41 Serious lung injury 41.1 Additional examples of factors affecting ISV assessment • Age • Likelihood of progressive worsening • Duration and intensity of pain and suffering Serious lung injury if progressive 25 to 45 worsening of lung function Example of item 41.1 Lung disease, for example, emphysema, causing— • significantly reduced and worsening lung function • prolonged and frequent coughing • disturbance of sleep • restriction of physical activity, employment and enjoyment of life. Additional examples of factors affecting ISV assessment for item 41.1 • The possibility of lung cancer developing may increase the level of ISV • The need for continuous oxygen therapy Current as at 21 May 2014 Page 57
Civil Liability Regulation 2003 Schedule 4 41.2 42 Moderate lung injury 43 Minor lung injury Serious lung injury if no 11 to 24 progressive worsening of lung function Examples of item 41.2 • Lung disease causing breathing difficulties, short of disabling breathlessness, requiring frequent use of an inhaler • Lung disease causing a significant effect on employment and social life, including inability to tolerate a smoky environment, with an uncertain prognosis • A recurrent pulmonary embolism causing pulmonary hypertension and cor pulmonale 6 to 10 Examples of the injury • Bronchitis that does not cause serious symptoms, with little or no serious or permanent effect on employment or social life • A pulmonary embolism requiring anticoagulant therapy for at least 1 year or pulmonary endarterectomy 0 to 5 Examples of the injury • Lung disease causing slight breathlessness, with— (a) no effect on employment; and Page 58 Current as at 21 May 2014
Division 3 44 Extreme asthma Civil Liability Regulation 2003 Schedule 4 (b) the likelihood of substantial and permanent recovery within a few years after the injury is caused • A pulmonary embolism requiring anticoagulant therapy for less than 1 year Comment about appropriate level of ISV An ISV at or near the bottom of the range will be appropriate if there is lung disease causing temporary aggravation of bronchitis, or other chest problems, that will resolve within a few months. Asthma 31 to 55 Comment The most serious cases may confine a person to the home and destroy capacity for employment. Example of the injury Severe and permanent disabling asthma causing— • prolonged and frequent coughing • disturbance of sleep • severe restriction of physical activity and enjoyment of life • gross reduction of capacity for employment Current as at 21 May 2014 Page 59
Civil Liability Regulation 2003 Schedule 4 45 Severe asthma Example of the injury 11 to 30 46 Moderate asthma Chronic asthma, with a poor prognosis, causing— • breathing difficulties • the need to frequently use an inhaler • significantly reduced capacity for employment. 6 to 10 Example of the injury Asthma, with symptoms that include bronchitis and wheezing, affecting employment or social life 47 Minor asthma 0 to 5 Example of the injury Asthma with minor symptoms that has no effect on employment or social life Comment about appropriate level of ISV An ISV at or near the bottom of the range will be appropriate if there is asthma treated by a general practitioner that will resolve within 1 year after the injury is caused. Page 60 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 Division 4 48 Impotence and sterility Injuries to male reproductive system General comment for items 48 to 51 • This division applies to injuries caused by physical trauma rather than as a secondary result of a mental disorder. • For a mental disorder that causes loss of reproductive system function, see part 2 (Mental disorders). • Sterility is usually either— (a) caused by surgery, chemicals or disease; or (b) caused by a traumatic injury that is often aggravated by scarring. Examples of factors affecting ISV assessment for items 48 to 51 • Adverse psychological reaction • Effect on social and domestic life 5 to 37 Additional examples of factors affecting ISV assessment • Age • Whether the injured person has children • Whether the injured person intended to have children or more children Current as at 21 May 2014 Page 61
Civil Liability Regulation 2003 Schedule 4 Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if the sterility has little impact. • An ISV in the lower half of the range will be appropriate if an injured person with children may have intended to have more children and has uncomplicated sterility, without impotence or any aggravating features. • An ISV in the upper half of the range will be appropriate if a young injured person without children has uncomplicated sterility, without impotence or any aggravating features. • An ISV at or near the middle of the range will be appropriate if a middle-aged injured person with children has sterility and permanent impotence. • An ISV at or near the top of the range will be appropriate if a young injured person has total impotence and loss of sexual function and sterility. 49 Loss of part or all of penis 5 to 25 Additional examples of factors affecting ISV assessment • Extent of the penis remaining • Availability of a prosthesis • Extent to which sexual activity will be possible Page 62 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 50 Loss of both testicles 51 Loss of 1 testicle Division 5 Comment See item 48 because sterility results. Additional example of factor affecting ISV assessment Level of any pain or residual scarring 2 to 10 Additional example of factors affecting ISV assessment Age, cosmetic damage or scarring Comment about appropriate level of ISV An ISV at or near the bottom of the range will be appropriate if the injury does not reduce reproductive capacity. Injuries to female reproductive system General comment for items 52 to 54 • This division applies to injuries caused by physical trauma rather than as a secondary result of a mental disorder. • For a mental disorder that causes loss of reproductive system function, see part 2 (Mental disorders). Examples of factors affecting ISV assessment for items 52 to 54 • Extent of any physical trauma Current as at 21 May 2014 Page 63
Civil Liability Regulation 2003 Schedule 4 52 Infertility 52.1 52.2 52.3 • Whether the injured person has children • Whether the injured person intended to have children or more children • Age • Scarring • Depression or adverse psychological reaction • Effect on social and domestic life Infertility causing severe effects Example of item 52.1 16 to 35 Infertility with severe depression, anxiety and pain Infertility causing moderate effects 9 to 15 Example of item 52.2 Infertility without any medical complication if the injured person has a child or children Comment about appropriate level of ISV for item 52.2 An ISV at or near the top of the range will be appropriate if there is significant adverse psychological reaction. Infertility causing minor effects 0 to 8 Example of item 52.3 Infertility if— (a) the injured person was unlikely to have had children, for example, because of age; and Page 64 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 53 Any other injury to the female reproductive system 53.1 53.2 53.3 53.4 (b) there is little or no adverse psychological reaction Post-menopausal hysterectomy Female impotence Comment for item 53.2 5 to 15 5 to 15 The injury may be correctable by surgery. Additional examples of factors affecting ISV assessment for item 53.2 The level of sexual function or the extent of any corrective surgery An injury causing an inability to 4 to 15 give birth by normal vaginal delivery, for example, because of pelvic ring disruption or deformity Comment for item 53.3 The injury may be correctable by surgery. Injury to female genitalia or 3 to 25 reproductive organs, or both Comment about appropriate level of ISV for item 53.4 • An ISV at or near the bottom of the range will be appropriate if there is a laceration or tear with good repair. • An ISV at or near the middle of the range will be appropriate if the injury causes development of a prolapse or fistula. Current as at 21 May 2014 Page 65
Civil Liability Regulation 2003 Schedule 4 53.5 54 Failed sterilisation leading to unwanted pregnancy 54.1 54.2 • An ISV at or near the top of the range will be appropriate if the injury causes the early onset of menopause or irregular hormonal activity. Reduced fertility, caused by, for 3 to 8 example, trauma to ovaries or fallopian tubes Comment about appropriate level of ISV for item 53.5 An ISV in the lower half of the range will be appropriate if the injury is caused by a delay in diagnosis of an ectopic pregnancy. If no child is born and there is no 3 to 10 serious adverse psychological reaction Comment for item 54.1 For a mental disorder, see part 2 (Mental disorders). If a child is born 15 to 25 Comment about appropriate level of ISV for item 54.2 An ISV at or near the top of the range will be appropriate if there is a difficult pregnancy or birth, or both, followed by medical problems, for example, post-natal depression. Page 66 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 Division 6 Subdivision 1 55 Extreme injury to the digestive system caused by trauma Injuries to digestive system Injury caused by trauma 19 to 40 Examples of the injury Severe permanent damage to the digestive system, with ongoing debilitating pain and discomfort, diarrhoea, nausea and vomiting that— (a) are not controllable by drugs; and (b) causes weight loss of at least 20%. Note — Digestive system is defined in schedule 7 (Dictionary). • An injury to the throat requiring a permanent gastrostomy Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is an injury to the throat requiring a temporary gastrostomy for more than 1 year and permanent dietary changes, for example, a requirement for a soft food diet. Current as at 21 May 2014 Page 67
Civil Liability Regulation 2003 Schedule 4 • An ISV at or near the top of the range will be appropriate if there is an injury to the throat requiring a permanent gastrostomy, with significant ongoing symptoms. Examples of factors affecting ISV assessment • the extent of any voice or speech impairment • need for ongoing endoscopic procedures 56 Serious injury to the digestive system caused by trauma 11 to 18 Examples of the injury • A serious injury causing long-term complications aggravated by physical strain • An injury requiring a feeding tube for between 3 and 12 months Examples of factors affecting ISV assessment • The extent of any ongoing voice or speech impairment • Whether a feeding tube was required, and if so, for how long it was required Page 68 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 57 Moderate injury to the digestive system caused by trauma Examples of the injury 6 to 10 • A simple penetrating stab wound, causing some permanent tissue damage, but with no significant long-term effect on digestive function • An injury requiring a feeding tube for less than 3 months Example of factors affecting ISV assessment • Whether a feeding tube was required, and if so, for how long it was required • Whether dietary changes are required to reduce the risk of aspiration because of impaired swallowing 58 Minor injury to the digestive system caused by trauma 0 to 5 Examples of the injury • A soft tissue injury to the abdomen wall, for example, a laceration or serious seatbelt bruising to the abdomen or flank, or both Current as at 21 May 2014 Page 69
Civil Liability Regulation 2003 Schedule 4 Subdivision 2 59 Extreme injury to the digestive system not caused by trauma • A minor injury to the throat or tongue causing temporary difficulties with swallowing or speech • A laceration of the tongue requiring suturing Injury not caused by trauma General comment for items 59 to 62 There is a marked difference between those comparatively rare cases having a long-term or even permanent effect on quality of life and cases in which the only ongoing symptom is an allergy, for example, to specific foods, that may cause short-term illness. 13 to 35 Example of the injury Severe toxicosis— (a) causing serious acute pain, vomiting, diarrhoea and fever, requiring hospitalisation for days or weeks; and (b) also causing 1 or more of the following— • ongoing incontinence • haemorrhoids • irritable bowel syndrome; and Page 70 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 (c) having a significant impact on the capacity for employment and enjoyment of life Comment about appropriate level of ISV An ISV in the lower half of the range will be appropriate if the injury causes a chronic infection, that requires prolonged hospitalisation, that will not resolve after antibiotic treatment for 1 year. 60 Serious injury to the digestive system not caused by trauma 6 to 12 Examples of the injury • Serious but short-term food poisoning causing diarrhoea and vomiting— (a) diminishing over 2 to 4 weeks; and (b) with some remaining discomfort and disturbance of bowel function and impact on sex life and enjoyment of food, over a few years • Constant abdominal pain, causing significant discomfort, for up to 18 months caused by a delay in diagnosis of an injury to the digestive system Current as at 21 May 2014 Page 71
Civil Liability Regulation 2003 Schedule 4 Comment about appropriate level of ISV • An ISV at or near the top of the range will be appropriate if there is an adverse response to the administration of a drug that— (a) requires admission to an intensive care unit; and (b) does not cause any permanent impairment; and (c) causes the need for ongoing drug therapy for life. • An ISV in the upper half of the range will be appropriate if a chronic infection— (a) requires prolonged hospitalisation and additional treatment; and (b) will be resolved by antibiotic treatment within 1 year. • An ISV at or near the bottom of the range will be appropriate if there is an adverse response to the administration of a drug that— (a) requires admission to an intensive care unit; and (b) does not cause any permanent impairment; and (c) does not cause the need for ongoing drug therapy for life. Page 72 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 61 Moderate injury to the digestive system not caused by trauma Examples of the injury 3 to 5 • Food poisoning— (a) causing significant discomfort, stomach cramps, change of bowel function and fatigue; and (b) requiring hospitalisation for days; and (c) with symptoms lasting a few weeks; and (d) from which the injured person will fully recover within 1 or 2 years • An infection that is resolved by antibiotic treatment, with or without additional treatment in hospital, within 3 months after the injury is caused • An adverse response to the administration of a drug, causing any of the following continuing over a period of more than 7 days, and requiring hospitalisation— (a) vomiting; (b) shortness of breath; (c) hypertension; (d) skin irritation Current as at 21 May 2014 Page 73
Civil Liability Regulation 2003 Schedule 4 62 Minor injury to the digestive system not caused by trauma Division 7 0 to 2 Examples of the injury • Disabling pain, cramps and diarrhoea, ongoing for days or weeks • A localised infection, requiring antibiotic treatment, that heals within 6 weeks after the start of treatment • An adverse response to the administration of a drug, causing any of the following continuing over a period of not more than 7 days, and not requiring hospitalisation— (a) vomiting; (b) shortness of breath; (c) hypertension; (d) skin irritation • Intermittent abdominal pain for up to 6 months caused by a delay in diagnosis of an injury to the digestive system Kidney or ureter injuries General comment for items 63 to 66 An injury to a ureter or the ureters alone, without loss of, or serious damage to, a kidney will generally be assessed under item 65 or 66. Page 74 Current as at 21 May 2014
63 63.1 Extreme injury to kidneys or ureters 63.2 Civil Liability Regulation 2003 Schedule 4 Examples of factor affecting ISV assessment for items 63 to 66 • Age • Risk of ongoing kidney or ureter problems, complications or symptoms • Need for future medical procedures Loss of both kidneys causing loss 56 to 75 of renal function and requiring permanent dialysis or transplant Serious damage to both kidneys, 31 to 55 requiring temporary or intermittent dialysis Examples of factors affecting ISV assessment • The effect of dialysis and loss of kidney function on activities of daily living • The length of time for which dialysis was required or the frequency of intermittent dialysis • Ongoing requirement for medication, for example, to control blood pressure • Whether the injury caused the need for dietary changes, and if so, for how long Current as at 21 May 2014 Page 75
Civil Liability Regulation 2003 Schedule 4 64 Serious injury to kidneys or ureters 65 Moderate injury to kidneys or ureters Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if dialysis was required for an initial 3 months period, with intermittent dialysis required after that. • An ISV at or near the top of the range will be appropriate if the injury required dialysis for about 1 year and ongoing dietary changes and medication. 19 to 30 Comment The injury may require temporary dialysis for less than 3 months. Example of the injury Loss of 1 kidney if there is severe damage to, and a risk of loss of function of, the other kidney Comment about appropriate level of ISV The higher the risk of loss of function of the other kidney, the higher the ISV. 11 to 18 Examples of the injury • Loss of 1 kidney, with no damage to the other kidney Page 76 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 • An injury to a ureter or the ureters that requires surgery or placement of stents 66 Minor injury to kidneys or ureters 0 to 10 Example of the injury A laceration or contusion to 1 or both of the kidneys Comment about appropriate level of ISV Division 8 • An ISV at or near the bottom of the range will be appropriate if there is an injury to a kidney causing a contusion. • An ISV at or near the top of the range will be appropriate if a partial removal of a kidney is required. Liver, gall bladder or biliary tract injuries Examples of factors affecting ISV assessment for items 67 to 70 • Whether there are recurrent episodes of infection or obstruction • Whether there is a risk of developing biliary cirrhosis Current as at 21 May 2014 Page 77
Civil Liability Regulation 2003 Schedule 4 67 Extreme injury to liver, gall bladder or biliary tract Example of the injury 51 to 70 Loss, or injury causing effective loss, of liver function, requiring constant substitutional therapy Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there are recurrent episodes of liver failure that require hospital admission and medical management but do not require liver transplantation. • An ISV at or near the top of the range will be appropriate if the injury requires liver transplantation. 68 Serious injury to liver, gall bladder or biliary tract 36 to 50 Example of the injury Serious damage causing loss of over 30% of the tissue of the liver, but with some functional capacity of the liver remaining Page 78 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 69 Moderate injury to liver, gall bladder or biliary tract Example of the injury 16 to 35 A laceration or contusion to the liver, with a moderate effect on liver function Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if the injury causes impaired liver function with symptoms of intermittent nausea and vomiting. • An ISV at or near the bottom of the range will also be appropriate if there is a gall bladder injury with recurrent infection or symptomatic stone disease, the symptoms of which may include, for example, pain or jaundice. • An ISV at or near the middle of the range will be appropriate if the injury involves removal of the gall bladder causing a bile duct injury. • An ISV at or near the top of the range will be appropriate if— (a) surgery is required to remove not more than 30% of the liver; or (b) bile ducts require repair, for example, placement of stents. Current as at 21 May 2014 Page 79
Civil Liability Regulation 2003 Schedule 4 70 Minor injury to liver, gall bladder or biliary duct Division 9 • An ISV at or near the top of the range will also be appropriate if there is an injury to the gall bladder, that despite biliary surgery, causes ongoing symptoms, infection or the need for further endoscopic surgery. 3 to 15 Comment An injury within this item should not require surgery to the liver. Example of the injury A laceration or contusion to the liver, with a minor effect on liver function Comment about appropriate level of ISV An ISV in the lower half of the range will be appropriate if there is an uncomplicated removal of the gall bladder with no ongoing symptoms. Bowel injuries Examples of factors affecting ISV assessment for items 71 to 74 • Age • Risk of ongoing bowel problems, complications or symptoms • Need for future surgery Page 80 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 • The degree to which dietary changes are required to manage chronic pain or diarrhoea caused by the injury 71 Extreme bowel injury 41 to 60 Example of the injury An injury causing a total loss of natural bowel function and dependence on colostomy 72 Serious bowel injury 19 to 40 Example of the injury A serious abdominal injury causing either or both of the following— (a) impairment of bowel function (which often requires permanent or long-term colostomy, leaving disfiguring scars); (b) restrictions on employment and diet 73 Moderate bowel injury 7 to 18 Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if— (a) the injury requires an ileostomy or colostomy for less than 3 months; and (b) bowel function returns to normal; and (c) there are no ongoing symptoms. Current as at 21 May 2014 Page 81
Civil Liability Regulation 2003 Schedule 4 • An ISV at or near the top of the range will be appropriate if— (a) the injury requires temporary surgical diversion of the bowel, for example, an ileostomy or colostomy; and (b) there is ongoing intermittent abnormal bowel function requiring medication. 74 Minor bowel injury 3 to 6 Example of the injury Division 10 An injury causing tears to the bowel, with minimal ongoing bowel problems Bladder, prostate or urethra injuries Examples of factors affecting ISV assessment for items 75 to 78 • Age • Risk of ongoing bladder, prostate or urethra problems, complications or symptoms • Need for future surgery 75 Extreme bladder, prostate or urethra injury 40 to 60 Example of the injury An injury causing a complete loss of bladder function and control, with permanent dependence on urostomy Page 82 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 76 Serious bladder, prostate or urethra injury Example of the injury 19 to 39 An injury causing serious impairment of bladder control, with some incontinence Comment about appropriate level of ISV An ISV in the upper half of the range will be appropriate if there is serious ongoing pain. 77 Moderate bladder, prostate or urethra injury 7 to 18 Example of the injury An injury causing continued impairment of bladder control, with minimal incontinence and minimal pain Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is a laceration of the urethra, that required surgical repair and caused intermittent infection or bladder dysfunction. • An ISV at or near the top of the range will be appropriate if there is— Current as at 21 May 2014 Page 83
Civil Liability Regulation 2003 Schedule 4 (a) increased urinary frequency of more than once every 2 hours throughout the day and more than 3 times at night that is unresponsive to treatment; or (b) an ongoing requirement for minor surgery, for example, cystoscopy or urethral dilation. 78 Minor bladder, prostate or urethra injury 3 to 6 Example of the injury Division 11 79 Injuries to the pancreas A bladder injury, from which the injured person will fully recover, with some relatively long-term interference with natural bladder function Spleen and pancreas injuries 10 to 35 Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is a contusion to the pancreas that heals. • An ISV at or near the middle of the range will be appropriate if there are chronic symptoms, for example, pain or diarrhoea. • An ISV at or near the top of the range will be appropriate if— Page 84 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 (a) there are chronic symptoms with significant weight loss of between 10% and 20% of body weight, and pancreatic enzyme replacement is required; or (b) an injury to the pancreas causes diabetes. Examples of factors affecting ISV assessment • The extent of any ongoing risk of internal infection and disorders, for example, diabetes • The need for, and outcome of, further surgery, for example, surgery to manage pain caused by stone disease, infection or an expanding pseudocyst 80 Loss of spleen (complicated) 8 to 20 Example of the injury Loss of spleen if there will be a risk, that is not minor, of ongoing internal infection and disorders caused by the loss Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if the injury leads to a splenectomy, with intermittent symptoms of pain, nausea and vomiting that settle. Current as at 21 May 2014 Page 85
Civil Liability Regulation 2003 Schedule 4 • An ISV at or near the middle of the range will be appropriate if— (a) the injury leads to a splenectomy, with serious infection after the splenectomy; and (b) the infection requires surgical or radiological intervention. • An ISV at or near the top of the range will be appropriate if the injury leads to a splenectomy, with portal vein thrombosis after the splenectomy. 81 Injury to the spleen or uncomplicated loss of spleen 0 to 7 Example of the injury Laceration or contusion to the spleen that— (a) has been radiologically confirmed; and (b) has no ongoing bleeding; and (c) is managed conservatively; and (d) resolves fully. Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there has been removal of the spleen (splenectomy), with little or no risk of ongoing infections and disorders caused by the loss of the spleen. Page 86 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 Division 12 Hernia injuries 82 Severe hernia Example of the injury 11 to 20 83 Moderate hernia A hernia if after repair there is either or both— (a) ongoing pain; or (b) a restriction on physical activities, sport or employment 6 to 10 Example of the injury A hernia that after repair has some real risk of recurring in the short-term 84 Minor hernia 0 to 5 Example of the injury Part 6 Division 1 An uncomplicated inguinal hernia, whether or not repaired Orthopaedic injuries Cervical spine injuries General comment for items 85 to 89 • This division does not apply to the following injuries (that are dealt with in items 1 to 3)— • quadriplegia • paraplegia • hemiplegia or severe paralysis of more than 1 limb. Current as at 21 May 2014 Page 87
Civil Liability Regulation 2003 Schedule 4 • Cervical spine injuries, other than those dealt with in items 1 to 3, range from cases of very severe disability to cases of a minor strain, with no time off work and symptoms only suffered for 2 or 3 weeks. • Symptoms associated with nerve root compression or damage can not be taken into account in assessing an ISV under item 85, 86 or 87 unless objective signs are present of nerve root compression or damage, for example— • CT or MRI scans or other radiological evidence • muscle wasting • clinical findings of deep tendon reflex loss, motor weakness and loss of sensation. 85 Extreme cervical spine injury 41 to 75 Comment These are extremely severe injuries that cause gross limitation of movement and serious interference with performance of daily activities. The injury will involve significant upper or lower extremity impairment and may require the use of an adaptive device or prosthesis. Examples of the injury • A total neurological loss at a single level Page 88 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 • Severe multilevel neurological dysfunction • Structural compromise of the spinal canal with extreme upper or lower extremity motor and sensory impairments • Fractures involving more than 50% compression of a vertebral body with neural compromise Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment of about 29%. • An ISV at or near the top of the range will be appropriate if there is a cervical spine injury causing monoplegia of the dominant upper limb and whole person impairment of at least 60%. 86 Serious cervical spine injury 16 to 40 Comment • The injury will cause serious upper extremity impairment or serious permanent impairment of the cervical spine. • The injury may involve— (a) a change of motion segment integrity; or (b) bilateral or multilevel nerve root compression or damage. Current as at 21 May 2014 Page 89
Civil Liability Regulation 2003 Schedule 4 Examples of the injury • Loss of motion in a motion segment because of a surgical or post-traumatic fusion • A fracture involving more than 25% compression of 1 vertebral body • An injury showing objective signs of nerve root damage after surgery Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if— (a) the injured person has had surgery and symptoms persist; or (b) there is a fracture involving 25% compression of 1 vertebral body. • An ISV in the middle of the range will be appropriate if there is a fracture involving about 50% compression of a vertebral body, with ongoing pain. • An ISV at or near the top of the range will be appropriate if— Page 90 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 (a) the injured person has had a fusion of vertebral bodies that has failed, leaving objective signs of significant residual nerve root damage and ongoing pain, affecting 1 side of the body; and (b) there is whole person impairment of about 28%. 87 Moderate cervical spine injury—fracture, disc prolapse or nerve root compressi on or damage 5 to 15 Comment about appropriate level of ISV • An ISV at or near the top of the range will be appropriate if — (a) there is a disc prolapse for which there is radiological evidence at an anatomically correct level; and (b) there are symptoms of pain and 3 or more of the following objective signs that are anatomically localised to an appropriate spinal nerve root distribution— (i) sensory loss; (ii) loss of muscle strength; (iii) loss of reflexes; (iv) unilateral atrophy; and Current as at 21 May 2014 Page 91
Civil Liability Regulation 2003 Schedule 4 (c) the impairment has not improved after non-operative treatment. • An ISV of about 10 will be appropriate if there is a fracture of a vertebral body with up to 25% compression, and ongoing pain. • An ISV at or near the bottom of the range will be appropriate for an uncomplicated fracture of a posterior element of 1 or more of the vertebral segments, for example, spinous or transverse processes, without neurological impairment. 88 Moderate cervical spine injury—soft tissue injury 5 to 10 Comment The injury will cause moderate permanent impairment, for which there is objective evidence, of the cervical spine. Comment about appropriate level of ISV An ISV of not more than 10 will be appropriate if there is whole person impairment of 8% caused by a soft tissue injury for which there is no radiological evidence. Page 92 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 89 Minor cervical spine injury Comment 0 to 4 • Injuries within this item include a whiplash injury with no ongoing symptoms, other than symptoms that are merely a nuisance, remaining more than 18 months after the injury is caused. • There will be no objective signs of neurological impairment. Example of the injury A soft tissue or whiplash injury if symptoms are minor and the injured person recovers, or is expected to recover, from the injury to a level where the injury is merely a nuisance within 18 months after the injury is caused Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if the injury will resolve without any ongoing symptoms within months after the injury is caused. • An ISV at or near the top of the range will be appropriate if the injury, despite improvement, causes headaches and some ongoing pain. Current as at 21 May 2014 Page 93
Civil Liability Regulation 2003 Schedule 4 Division 2 Thoracic spine or lumbar spine injuries General comment for items 90 to 94 • This division does not apply to the following injuries (that are dealt with in items 1 to 3)— • quadriplegia • paraplegia • hemiplegia or severe paralysis of more than 1 limb. • Thoracic or lumbar spine injuries, other than those dealt with in items 1 to 3, range from cases of very severe disability to cases of a minor strain, with no time off work and symptoms suffered only for 2 or 3 weeks. • Symptoms associated with nerve root compression or damage can not be taken into account in assessing an ISV under item 90, 91 or 92 unless objective signs are present of nerve root compression or damage, for example— • CT or MRI scans or other radiological evidence • muscle wasting • clinical findings of deep tendon reflex loss, motor weakness and loss of sensation. Page 94 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 90 Extreme thoracic or lumbar spine injury Comment 36 to 60 These are extremely severe injuries causing gross limitation of movement and serious interference with performance of daily activities. There may be some motor or sensory loss, and some impairment of bladder, ano-rectal or sexual function. Example of the injury A fracture involving compression of a thoracic or lumbar vertebral body of more than 50%, with neurological impairment Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 25%. • An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of at least 45%. Current as at 21 May 2014 Page 95
Civil Liability Regulation 2003 Schedule 4 91 Serious thoracic or lumbar spine injury Comment 16 to 35 • The injury will cause serious permanent impairment in the thoracic or lumbar spine. • The injury may involve— (a) bilateral or multilevel nerve root damage; or (b) a change in motion segment integrity, for example, because of surgery. Example of the injury A fracture involving at least 25% compression of 1 thoracic or lumbar vertebral body Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if— (a) the injured person has had surgery and symptoms persist; or (b) there is a fracture involving 25% compression of 1 vertebral body. • An ISV in the middle of the range will be appropriate if there is a fracture involving 50% compression of a vertebral body, with ongoing pain. Page 96 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 • An ISV at or near the top of the range will be appropriate if the injured person has had a fusion of vertebral bodies that has failed— (a) leaving objective signs of significant residual nerve root damage and ongoing pain, affecting 1 side of the body; and (b) causing whole person impairment of 24%. 92 Moderate thoracic or lumbar spine injury—fracture, disc prolapse or nerve root compression or damage 5 to 15 Comment about appropriate level of ISV • An ISV at or near the top of the range will be appropriate if— (a) there is a disc prolapse for which there is radiological evidence at an anatomically correct level; and (b) there are symptoms of pain and 3 or more of the following objective signs, that are anatomically localised to an appropriate spinal nerve root distribution— (i) sensory loss; (ii) loss of muscle strength; Current as at 21 May 2014 Page 97
Civil Liability Regulation 2003 Schedule 4 (iii) loss of reflexes; (iv) unilateral atrophy; and (c) the impairment has not improved after non-operative treatment. • An ISV of about 10 will be appropriate if there is a fracture of a vertebral body with up to 25% compression, and ongoing pain. • An ISV at or near the bottom of the range will be appropriate for an uncomplicated fracture of a posterior element of 1 or more of the vertebral segments, for example spinous or transverse processes, without neurological impairment. 93 Moderate thoracic or lumbar spine injury—soft tissue injury 5 to 10 Comment The injury will cause moderate permanent impairment, for which there is objective evidence, of the thoracic or lumbar spine. Comment about appropriate level of ISV An ISV of not more than 10 will be appropriate if there is whole person impairment of 8% caused by a soft tissue injury for which there is no radiological evidence. Page 98 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 94 Minor thoracic or lumbar spine injury Example of the injury 0 to 4 A soft tissue injury of the thoracic or lumbar spine with no— • significant clinical findings • fractures • documented impairment neurological • significant loss of motion segment integrity • other objective signs of impairment relating to the injury Comment about appropriate level of ISV • An ISV at or near the top of the range will be appropriate, whether or not the injured person continues to suffer some ongoing pain, if the injury will substantially reach maximum medical improvement, with only minor symptoms, within about 18 months after the injury is caused. • An ISV at or near the bottom of the range will be appropriate if the injury will resolve without any ongoing symptoms within months after the injury is caused. Current as at 21 May 2014 Page 99
Civil Liability Regulation 2003 Schedule 4 Division 3 95 Extreme shoulder injury Page 100 Shoulder injuries General comment for items 95 to 98 • Injuries under items 95 to 98 include subluxations or dislocations of the sternoclavicular joint, acromioclavicular joint or glenohumeral joint. • Soft tissue injuries may involve the musculoligamentous supporting structures of the joints. • Fractures may involve the clavicle, the scapula (shoulder blade) and the humerus. Comment about appropriate level of ISV for items 95 to 98 An ISV at or near the top of the range will generally only be appropriate if the injury is to the shoulder of the dominant upper limb. 31 to 50 Comment These are the most severe traumatic injuries causing gross permanent impairment. Examples of the injury • A severe fracture or dislocation, with secondary medical complications • Joint disruption with poor outcome after surgery • Degloving Current as at 21 May 2014
96 Serious shoulder injury Civil Liability Regulation 2003 Schedule 4 • Permanent nerve palsies Additional comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there is whole person impairment of 45% and complete loss of all shoulder function of the dominant upper limb. 16 to 30 Comment The injury will involve serious trauma to the shoulder causing serious permanent impairment. Examples of the injury • A crush injury • A serious fracture with secondary arthritis • Nerve palsies from which the injured person will partially recover • Established non-union of a clavicular or scapular fracture despite open reduction and internal fixation (ORIF) • Established non-union of a clavicular or scapular fracture if surgery is not appropriate or not possible, and there is significant functional impairment Current as at 21 May 2014 Page 101
Civil Liability Regulation 2003 Schedule 4 97 Moderate shoulder injury Additional comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 25% and the injury is to the dominant upper limb. 6 to 15 Examples of the injury • Traumatic adhesive capsulitis with discomfort, limitation of movement and symptoms persisting or expected to persist for about 2 years • Permanent and significant soft tissue disruption, for example, from tendon tears or ligament tears • A fracture, from which the injured person has made a reasonable recovery, requiring open reduction and internal fixation • Nerve palsies from which the injured person has made a good recovery • Painful persisting dislocation of the acromioclavicular joint • An injury to the sternoclavicular joint causing permanent, painful instability Page 102 Current as at 21 May 2014
98 Minor shoulder injury Division 4 Civil Liability Regulation 2003 Schedule 4 Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 6%. • An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 12% and the injury is to the dominant upper limb. 0 to 5 Examples of the injury • Soft tissue injury with considerable pain from which the injured person makes an almost full recovery in less than 18 months • Fracture from which the injured person has made an uncomplicated recovery • Strain injury of the acromioclavicular joint or sternoclavicular joint Amputation of upper limbs Comment about appropriate level of ISV for items 99 to 100.3 An ISV at or near the top of the range will generally only be appropriate if the amputation is of the dominant upper limb. Current as at 21 May 2014 Page 103
Civil Liability Regulation 2003 Schedule 4 99 Loss of both upper limbs, or loss of 1 arm and extreme injury to the other arm Comment 55 to 85 The effect of the injury is to reduce the injured person to a state of considerable helplessness. Examples of factors affecting ISV assessment • Whether the amputations are above or below the elbow (the loss of the elbow joint adds greatly to the disability) • The length of any stump suitable for use with a prosthesis • Severity of any phantom pains Additional comment about appropriate level of ISV • An ISV of 70 to 85 will be appropriate if— (a) both upper limbs are amputated at the shoulder; or (b) 1 arm is amputated at the shoulder, and there is a loss of function in the other arm, causing whole person impairment of 60%. • An ISV of 65 to 80 will be appropriate if— Page 104 Current as at 21 May 2014
100 Loss of 1 upper limb Civil Liability Regulation 2003 Schedule 4 (a) both upper limbs are amputated through the elbow or above the elbow but below the shoulder; or (b) 1 arm is amputated through the elbow or above the elbow but below the shoulder, and there is a loss of function in the other arm, causing whole person impairment of 57%. • An ISV of 55 to 75 will be appropriate if— (a) both upper limbs are amputated below the elbow; or (b) 1 arm is amputated below the elbow, and there is a loss of function in the other arm, causing whole person impairment of 54%. Examples of factors affecting ISV assessment • Whether the amputation is above or below the elbow (the loss of the elbow joint adds greatly to the disability) • Whether the amputation was of the dominant arm • The length of any stump suitable for use with a prosthesis • Severity of any phantom pains • Extent of any disability in the other arm Current as at 21 May 2014 Page 105
Civil Liability Regulation 2003 Schedule 4 100.1 100.2 100.3 Division 5 An upper limb amputation at the 50 to 65 shoulder An upper limb amputation through 40 to 65 the elbow or above the elbow but below the shoulder Additional comment about appropriate level of ISV for item 100.2 • An ISV at or near the bottom of the range will generally be appropriate if there is an amputation through the elbow. • An ISV at or near the top of the range will be appropriate if there is a short stump because a short stump may create difficulties in the use of a prosthesis. An upper limb amputation below 35 to 60 the elbow Additional comment about appropriate level of ISV for item 100.3 An ISV at or near the top of the range will be appropriate if there is an amputation through the forearm with residual severe pain in the stump and phantom pains. Elbow injuries Comment about appropriate level of ISV for items 101 to 104 An ISV at or near the top of the range will generally only be appropriate if the injury is to the elbow of the dominant upper limb. Page 106 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 101 Extreme elbow injury 102 Serious elbow injury Current as at 21 May 2014 26 to 50 Comment The injury will involve an extremely severe elbow injury, falling short of amputation, leaving little effective use of the elbow joint. Examples of the injury • Whole person impairment for the injury of between 24% and 42% • A complex elbow fracture, or dislocation, with secondary complications • Joint disruption, with poor outcome after surgery • Degloving • Permanent nerve palsies • An injury causing severe limitation of elbow movement with the joint constrained in a non-functional position 13 to 25 Comment The injury will involve significant disability and require major surgery. Examples of the injury • A serious fracture with secondary arthritis • A crush injury • Nerve palsies from which the injured person will partially recover Page 107
Civil Liability Regulation 2003 Schedule 4 103 Moderate elbow injury • Permanent, poor restriction of range of motion with the elbow constrained in a satisfactory functional position Additional comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 23% and the injury is to the elbow of the dominant upper limb. 6 to 12 Comment The injury will cause moderate long-term disability but does not require protracted surgery. Examples of the injury • Soft tissue disruption, for example, a ligament or tendon tear • A fracture, from which the injured person has made a reasonable recovery, requiring open reduction and internal fixation • Nerve palsies from which the injured person has made a good recovery Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 5%. Page 108 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 104 Minor elbow injury • An ISV at or near the top of the range will be appropriate if there is a moderately severe injury to the elbow of the dominant upper limb— (a) requiring prolonged treatment; and (b) causing whole person impairment of 10%. 0 to 5 Comment The injury will cause no permanent damage and no permanent impairment of function. Examples of the injury Division 6 • A fracture with uncomplicated recovery an • A soft tissue injury with pain, minor tennis elbow syndrome or lacerations Wrist injuries Comment about appropriate level of ISV for items 105 to 108 An ISV at or near the top of the range will generally only be appropriate if the injury is to the wrist of the dominant upper limb. 105 Extreme wrist injury 25 to 40 Comment The injury will involve severe fractures, or a dislocation, causing a high level of permanent impairment. Current as at 21 May 2014 Page 109
Civil Liability Regulation 2003 Schedule 4 Examples of the injury • A severe fracture or dislocation with secondary joint complications • Joint disruption with poor outcome after surgery • Degloving • Permanent nerve palsies Additional comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 36% and the injury is to the wrist of the dominant upper limb. 106 Serious wrist injury 16 to 24 Examples of the injury • An injury causing significant permanent loss of wrist function, for example, severe problems with gripping or pushing objects, but with some useful movement remaining • Non-union of a carpal fracture • Severe carpal instability Additional comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 20% and the injury is to the wrist of the dominant upper limb. Page 110 Current as at 21 May 2014
107 Moderate wrist injury 108 Minor wrist injury Civil Liability Regulation 2003 Schedule 4 6 to 15 Examples of the injury • A wrist injury that is not serious and causes some permanent disability, for example, some persisting pain and stiffness • Persisting radio-ulnar instability • Recurrent tendon subluxation or entrapment Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 6%. • An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 12%. 0 to 5 Examples of the injury • A fracture from which the injured person almost fully recovers • A soft tissue injury, for example, severe bruising • Continued pain following carpal tunnel release Current as at 21 May 2014 Page 111
Civil Liability Regulation 2003 Schedule 4 Division 7 Hand injuries General comment for items 109 to 120 Hands are cosmetically and functionally the most important part of the upper limbs. Comment about appropriate level of ISV for items 109 to 120 • The appropriate ISV for loss of a hand is only a little less than the appropriate ISV for the loss of the relevant arm. • An ISV at or near the top of the range will generally be appropriate if the injury is to the dominant hand. 109 Total or effective loss of both hands 51 to 75 Example of the injury A serious injury causing extensive damage to both hands making them little more than useless Examples of factors affecting ISV assessment • The level of residual capacity left in either hand • Severity of any phantom pains if there has been an amputation or amputations Page 112 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if both hands remain attached to the forearms and are of some cosmetic importance. • An ISV at or near the top of the range will be appropriate if both hands are amputated through the wrist. 110 Serious injury to both hands 40 to 50 Comment The injury will involve significant loss of function in both hands, for example, loss of 50% or more of the use of each hand. 111 Total or effective loss of 1 hand 35 to 60 Examples of the injury • A crushed hand that has been surgically amputated • Traumatic amputation of all fingers and most of the palm Example of factor affecting ISV assessment Severity of any phantom pain if there has been an amputation Current as at 21 May 2014 Page 113
Civil Liability Regulation 2003 Schedule 4 Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there has been an amputation of the fingers at the metacarpophalangeal joints, but the thumb remains, and there is whole person impairment for the injury of 32%. • An ISV at or near the top of the range will be appropriate if— (a) there has been amputation of the dominant hand at the wrist; and (b) there is residual severe pain in the stump and ongoing complications, for example, chronic regional pain syndrome or neuroma formation. 112 Amputation of the thumb or part of the thumb 15 to 28 Examples of factors affecting ISV assessment • The level of amputation, for example, at carpo metacarpal (CMC) joint, through the distal third of the thumb metacarpal, at the metacarpophalangeal (MCP) joint or thumb interphalangeal (IP) joint • Whether the injury is to the dominant hand • The extent of any damage to the fingers Page 114 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 113 Amputation of index, middle and ring fingers, or any 2 of them Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if— (a) there has been an amputation through the interphalangeal joint of the thumb; and (b) there is whole person impairment for the injury of 11%. • An ISV at or near the middle of the range will be appropriate if there has been an amputation through the proximal phalanx. • An ISV at or near the top of the range will be appropriate if— (a) there has been an amputation at the base of the thumb at the carpometacarpal (CMC) joint level of the dominant hand; and (b) there are ongoing debilitating complications. 15 to 30 Comment The amputation will cause complete loss or nearly complete loss of 2 or all of the following fingers of the hand— Current as at 21 May 2014 Page 115
Civil Liability Regulation 2003 Schedule 4 • index finger • middle finger • ring finger. Example of factor affecting ISV assessment The level of the amputation, for example, whether the hand has been made to be of very little use and any remaining grip is very weak Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if 2 fingers, whether index, middle or ring fingers, are amputated at the level of the proximal interphalangeal joints. • An ISV at or near the middle of the range will be appropriate if there is whole person impairment for the injury of 19%. • An ISV at or near the top of the range will be appropriate if— (a) the index, middle and ring fingers are amputated at the level of the metacarpophalangeal joint (MCP joint) or there is whole person impairment for the injury of at least 27%; and (b) the injury is to the dominant hand. Page 116 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 114 Amputation of individual fingers 5 to 20 Examples of factors affecting ISV assessment • Whether the amputation was of the index or middle finger • The level of the amputation • Any damage to other fingers short of amputation Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if— (a) there has been an amputation at the level of the distal interphalangeal joint of the little or ring finger; or (b) there is whole person impairment for the injury of 3%. • An ISV of not more than 11 will be appropriate if— (a) there has been an amputation of the index or middle finger at the proximal interphalangeal joint (PIP joint); or (b) there is whole person impairment for the injury of 8%. Current as at 21 May 2014 Page 117
Civil Liability Regulation 2003 Schedule 4 • An ISV at or near the top of the range will be appropriate if there is complete loss of the index or middle finger of the dominant hand, and serious impairment of the remaining fingers causing whole person impairment of at least 15%. 115 Amputation of thumb and all fingers Comment As the injury will cause effective loss of the hand, see item 111. 116 Any other injury to 1 or more of the fingers or the thumb Comment about appropriate level of ISV for items 116.1 to 116.4 An ISV of not more than 5 will be appropriate if substantial function of the hand remains. Examples of factors affecting ISV • Whether the injury is to the thumb, or index or middle finger • Any damage to other fingers • Whether the injury is to the dominant hand Page 118 Current as at 21 May 2014
116.1 116.2 Civil Liability Regulation 2003 Schedule 4 Extreme injury to 1 or more of the 16 to 25 fingers or the thumb Example of the injury Total loss of function of 1 or more of the fingers, with the joints ankylosed in non-functional positions Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 14%. • An ISV at or near the top of the range will be appropriate if there is an injury to the thumb of the dominant hand causing total loss of function of the thumb. Serious injury to 1 or more of the 11 to 15 fingers or the thumb Examples of the injury • A severe crush injury causing ankylosis of the fingers • A bursting wound, or an injury causing severe finger damage, causing residual scarring and dysfunction • An injury leaving a digit that interferes with the remaining function of the hand • Division of 1 or more of the long flexor tendons of the finger, with unsuccessful repair Current as at 21 May 2014 Page 119
Civil Liability Regulation 2003 Schedule 4 116.3 116.4 Moderate injury to 1 or more of the 6 to 10 fingers or the thumb Comment There will be permanent discomfort, pain or sensitive scarring Examples of the injury • Moderate injury to the thumb or index finger causing loss of movement or dexterity • A crush injury causing multiple fractures of 2 or more fingers • Division of 1 or more of the long flexor tendons of the finger, with moderately successful repair Additional comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 8% and the injury is to the dominant hand. Minor injury to 1 or more of the 0 to 5 fingers or the thumb Example of the injury An uncomplicated fracture or soft tissue injury that has healed with minimal residual symptoms Page 120 Current as at 21 May 2014
117 Extreme hand injury Civil Liability Regulation 2003 Schedule 4 Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is a straightforward fracture of 1 or more of the fingers, with complete resolution within a short time. • An ISV at or near the top of the range will be appropriate if there has been— (a) a fracture causing minor angular or rotational malunion of the thumb, or index or middle finger, of the dominant hand; or (b) some adherence of a tendon following surgical repair, limiting full function of the digit. 31 to 45 Comment • The injury will involve a severe traumatic injury to the hand, that may include amputation of part of the hand, causing gross impairment of the hand. • A hand injury causing whole person impairment for the injury of 35% will generally fall within this item. Examples of the injury • An injury reducing a hand’s capacity to 50% or less Current as at 21 May 2014 Page 121
Civil Liability Regulation 2003 Schedule 4 • An injury involving the amputation of several fingers that are rejoined to the hand leaving it clawed, clumsy and unsightly • An amputation of some fingers and part of the palm causing grossly reduced grip and dexterity and gross disfigurement Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if the injured hand has some residual usefulness for performing activities of daily living. • An ISV at or near the top of the range will be appropriate if the injured hand— (a) has little or no residual usefulness for performing activities of daily living; and (b) is the dominant hand. 118 Serious hand injury 16 to 30 Examples of the injury • A severe crush injury causing significantly impaired function despite surgery • Serious permanent tendon damage Page 122 Current as at 21 May 2014
119 Moderate hand injury 120 Minor hand injury Division 8 Civil Liability Regulation 2003 Schedule 4 Additional comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 20%. 6 to 15 Examples of the injury • A crush injury, penetrating wound or deep laceration, requiring surgery • Moderately serious tendon damage • A hand injury causing whole person impairment for the injury of between 5% and 12% 0 to 5 Examples of the injury A soft tissue injury, or an injury that does not require surgery, with nearly full recovery of hand function Upper limb injuries, other than injuries mentioned in divisions 3 to 7 Comment about appropriate level of ISV for items 121 to 124 An ISV at or near the top of the range will generally only be appropriate if the injury is to the dominant upper limb. Current as at 21 May 2014 Page 123
Civil Liability Regulation 2003 Schedule 4 121 Extreme upper limb injury, other than an injury mentioned in divisions 3 to 7 Comment 36 to 65 The injury will involve an extremely serious upper limb injury, falling short of amputation, leaving the injured person little better off than if the whole arm had been lost. Examples of the injury • A serious brachial plexus injury affecting peripheral nerve function • A non-union of a fracture, with peripheral nerve damage to the extent that an arm is nearly useless Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 31%. • An ISV at or near the top of the range will be appropriate if— (a) there is a complete brachial plexus lesion shown by a flail arm and paralysis of all muscles of the hand; and (b) the injury is to the dominant limb. Page 124 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 • An ISV at or near the top of the range will also be appropriate if there is a serious crush injury that causes whole person impairment for the injury of 55%. 122 Serious upper limb injury, other than an injury mentioned in divisions 3 to 7 21 to 35 Examples of the injury • A serious fracture of the humerus, radius or ulna, or any combination of the humerus, radius and ulna, if there is significant permanent residual impairment of function • A brachial plexus injury requiring nerve grafts with partial recovery of shoulder and elbow function and normal hand function Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 16%. • An ISV at or near the top of the range will be appropriate if there is an injury to the dominant limb causing whole person impairment of 30%. Current as at 21 May 2014 Page 125
Civil Liability Regulation 2003 Schedule 4 123 Moderate upper limb injury, other than an injury mentioned in divisions 3 to 7 Examples of the injury 6 to 20 • A fracture that causes impairment of associated soft tissues, including nerves and blood vessels • A fracture with delayed union or infection • Multiple fractures of the humerus, radius or ulna, or multiple fractures of any combination of the humerus, radius and ulna Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 6% • An ISV in the lower half of the range will be appropriate if there is a complicated fracture of the humerus, radius or ulna, or any combination of the humerus, radius and ulna— (a) requiring open reduction and internal fixation; and (b) from which the injured person has recovered or is expected to recover. Page 126 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 124 Minor upper limb injury, other than an injury mentioned in divisions 3 to 7 • An ISV at or near the top of the range will be appropriate if there is a crush injury causing significant skin or muscle loss with permanent residual impairment. • An ISV at or near the top of the range will also be appropriate if there is whole person impairment for the injury of 15%. 0 to 5 Example of the injury An uncomplicated fracture of the humerus, radius or ulna, or any combination of the humerus, radius and ulna, from which the injured person has fully recovered within a short time Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there are soft tissue injuries, lacerations, abrasions and contusions, from which the injured person will fully or almost fully recover. Current as at 21 May 2014 Page 127
Civil Liability Regulation 2003 Schedule 4 Division 9 125 Extreme pelvis or hip injury • An ISV at or near the top of the range will be appropriate if there is a brachial plexus injury from which the injured person has substantially recovered within a few weeks, leaving some minor functional impairment. Pelvis or hip injuries General comment for items 125 to 128 • The most serious injuries to the pelvis or hips can be as devastating as a leg amputation and will have similar ISVs. • However, the appropriate ISV for other injuries to the pelvis or hips will generally be no higher than about 20. Examples of factors affecting ISV assessment for items 125 to 128 • Exceptionally severe specific sequelae will increase the level of ISV • The availability of remedies, for example, a total hip replacement is an important factor in assessing an ISV • Age 46 to 65 Examples of the injury • An extensive pelvis fracture • Degloving • Permanent nerve palsies Page 128 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 126 Serious pelvis or hip injury Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 40%. • An ISV at or near the top of the range will be appropriate if the injured person is not able to mobilise without a wheelchair and is relatively young. 26 to 45 Comment There will be substantial residual disability, for example, severe lack of bladder and bowel control, sexual dysfunction, or deformity making the use of 2 canes or crutches routine. Examples of the injury • A fracture dislocation of the pelvis involving both ischial and pubic rami • Traumatic myositis ossificans with formation of ectopic bone around the hip • A fracture of the acetabulum leading to degenerative changes and leg instability requiring an osteotomy, with the likelihood of future hip replacement surgery Current as at 21 May 2014 Page 129
Civil Liability Regulation 2003 Schedule 4 127 Moderate pelvis or hip injury Comment about appropriate level of ISV An ISV at or near the bottom of the range will be appropriate for an injury causing whole person impairment for the injury of 20%. 11 to 25 Examples of the injury • A significant pelvis or hip injury, with no major permanent disability • A hip fracture requiring a hip replacement • A fracture of the sacrum extending into the sacro-iliac joint causing ongoing significant symptoms and whole person impairment of at least 10% Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 10%. • An ISV at or near the top of the range will be appropriate if there is a fracture requiring a hip replacement that is only partially successful, so that there is a clear risk of the need for revision surgery. Page 130 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 128 Minor pelvis or hip injury Division 10 Subdivision 1 0 to 10 Examples of the injury • An uncomplicated fracture of 1 or more of the bones of the pelvis or hip that does not require surgery or cause permanent impairment • Undisplaced coccygeal fractures • Undisplaced or healed pubic rami fractures • An injury to the coccyx requiring surgery, that is successful. Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is a soft tissue injury from which the injured person fully recovers. • An ISV at or near the middle of the range will be appropriate if there is whole person impairment for the injury of 5%. • An ISV at or near the top of the range will be appropriate if the person has ongoing coccydynia and difficulties with sitting. Amputation of lower limbs Amputation of both lower limbs Examples of factors affecting ISV assessment for items 129 and 130 • The level of each amputation • Severity of any phantom pain Current as at 21 May 2014 Page 131
Civil Liability Regulation 2003 Schedule 4 129 Loss of both lower limbs above or through the knee • Pain in the stumps • Extent of any symptoms ongoing 55 to 70 Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if each amputation is near the hips so neither stump can be used with a prosthesis. 130 Below the knee amputation of both lower limbs 50 to 65 Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 48%. • An ISV at or near the top of the range will be appropriate if— (a) both legs are amputated just below the knees leaving little or no stumps for use with prostheses; and (b) there is poor quality skin cover; and (c) there is a chronic regional pain syndrome. Page 132 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 Subdivision 2 Amputation of 1 lower limb Examples of factors affecting ISV assessment for items 131 and 132 • The level of the amputation • Severity of any phantom pain • Whether there have been problems with a prosthesis, for example, pain and further damage to the stump 131 Above or through the knee amputation of 1 lower limb 35 to 50 Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if the amputation is through or just above the knee. • An ISV at or near the top of the range will be appropriate if the amputation is near the hip and a prosthesis can not be used. 132 Below the knee amputation of 1 lower limb 31 to 45 Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate in a straightforward case of a below-knee amputation with no complications. Current as at 21 May 2014 Page 133
Civil Liability Regulation 2003 Schedule 4 • An ISV at or near the top of the range will be appropriate if there is an amputation close to the knee joint, leaving little or no stump for use with a prosthesis. Division 11 Lower limb injuries, other than injuries mentioned in division 9 or 10 or divisions 12 to 15 133 Extreme lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15 31 to 55 Comment These are the most severe injuries short of amputation, leaving the injured person little better off than if the whole leg had been lost. Examples of the injury • Extensive degloving of the lower limb • An injury causing gross shortening of the lower limb • A fracture that has not united despite extensive bone grafting • Serious neurovascular injury • A lower limb injury causing whole person impairment of 40% Page 134 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 134 Serious lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15 Comment 21 to 30 • Removal of extensive muscle tissue and extensive scarring may have a significant enough impact to fall within this item. • An injury to multiple joints or ligaments causing instability, prolonged treatment and a long period of non-weight-bearing may have a significant enough impact to fall within this item, but generally only if those results are combined. Example of the injury Multiple complex fractures of the lower limb that are expected to take years to heal and cause serious deformity and serious limitation of mobility Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 16%. Current as at 21 May 2014 Page 135
Civil Liability Regulation 2003 Schedule 4 135 Moderate lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15 • An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 25%. 11 to 20 Examples of the injury • A fracture causing impairment of associated soft tissues, including nerves and blood vessels • A fracture with delayed union or infection • Multiple fractures of the femur, tibia or fibula, or multiple fractures of any combination of the femur, tibia and fibula Examples of factors affecting ISV assessment • Period of non-weight-bearing • Presence or risk of degenerative change • Imperfect union of a fracture • Muscle wasting • Limited joint movement • Unsightly scarring • Permanently increased vulnerability to future damage Page 136 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 Comment about appropriate level of ISV 136 Minor lower limb injury, other than an injury mentioned in division 9 or 10 or divisions 12 to 15 • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 10%. • An ISV at or near the middle of the range will be appropriate if there is a deep vein thrombosis requiring treatment for life. • An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 15%. 0 to 10 Example of the injury An uncomplicated fracture of the femur, tibia or fibula, from which the injured person has fully recovered Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is a deep vein thrombosis requiring treatment for less than 6 months, from which the injured person will fully recover. Current as at 21 May 2014 Page 137
Civil Liability Regulation 2003 Schedule 4 Division 12 • An ISV at or near the bottom of the range will also be appropriate if— (a) there are soft tissue injuries, lacerations, cuts, bruising or contusions, from which the injured person will fully or almost fully recover; and (b) any residual disability will be minor. • An ISV at or near the top of the range will be appropriate if there is a deep vein thrombosis requiring treatment for at least 1 year. • An ISV at or near the top of the range will also be appropriate if the injured person is left with impaired mobility or a defective gait. • An ISV at or near the top of the range will also be appropriate if there is whole person impairment for the injury of 9%. Knee injuries General comment for items 137 to 140 The availability of remedies, for example, a total knee replacement is an important factor in assessing an ISV under this division. Page 138 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 137 Extreme knee injury Example of the injury 25 to 40 A severe knee injury if there is a disruption of the joint, gross ligamentous damage, loss of function after unsuccessful surgery, lengthy treatment and considerable pain Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 20%. • An ISV at or near the top of the range will be appropriate if a total knee replacement was needed and— (a) it is very likely that the knee replacement will need to be repeated; or (b) there are ongoing severe symptoms, poor function and whole person impairment for the injury of more than 30%. 138 Serious knee injury 11 to 24 Comment The injury may involve— (a) ongoing pain, discomfort, limitation of movement, instability or deformity; and Current as at 21 May 2014 Page 139
Civil Liability Regulation 2003 Schedule 4 139 Moderate knee injury (b) a risk, in the long-term, of degenerative changes caused by damage to the joint surfaces, muscular wasting or ligamentous or meniscal injury. Example of the injury A leg fracture extending into the knee joint, causing pain that is constant, permanent and limits movement or impairs agility Comment about appropriate level of ISV An ISV at or near the middle of the range will be appropriate if there is a ligamentous injury, that required surgery and prolonged rehabilitation, causing whole person impairment of 15% and functional limitation. 6 to 10 Examples of the injury A dislocation or torn cartilage or meniscus causing ongoing minor instability, wasting and weakness Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there is whole person impairment for the injury of 8%. Page 140 Current as at 21 May 2014
140 Minor knee injury Division 13 141 Extreme ankle injury Civil Liability Regulation 2003 Schedule 4 0 to 5 Examples of the injury • A partial cartilage, meniscal or ligamentous tear • A laceration • A twisting or bruising injury Ankle injuries Comment about appropriate level of ISV for items 141 to 144 The appropriate ISV for the vast majority of ankle injuries is 1 or 2. 21 to 35 Examples of the injury • A transmalleolar fracture of the ankle with extensive soft tissue damage causing 1 or more of the following— (a) severe deformity with varus or valgus malalignment; (b) a risk that any future injury to the relevant leg may lead to a below-knee amputation of the leg; (c) marked reduction in walking ability with constant dependence on walking aids; (d) inability to place the relevant foot for even load-bearing distribution. Current as at 21 May 2014 Page 141
Civil Liability Regulation 2003 Schedule 4 • An ankylosed ankle in a severely misaligned position with severe ongoing pain and other debilitating complications • Whole person impairment for the injury of more than 20% Examples of factors affecting ISV assessment • A failed arthrodesis • Regular disturbance of sleep • Need for an orthosis for load bearing and walking 142 Serious ankle injury 11 to 20 Example of the injury An injury requiring a long period of treatment, a long time in plaster or insertion of pins and plates, if— (a) there is permanent significant ankle instability; or (b) the ability to walk is severely limited on a permanent basis Examples of factors affecting ISV assessment • Unsightly scarring • The significance of any malunion • A requirement for modified footwear • Whether, and to what degree, there is swelling following activity Page 142 Current as at 21 May 2014
143 Moderate ankle injury 144 Minor ankle injury Civil Liability Regulation 2003 Schedule 4 Additional comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 10%. • An ISV at or near the top of the range will be appropriate if a major tendon controlling foot or ankle movement is severed. 6 to 10 Examples of the injury A fracture, ligamentous tear or similar injury causing moderate disability, for example— • difficulty in walking on uneven ground • awkwardness on stairs • irritation from metal plates • residual scarring Additional comment about appropriate level of ISV An ISV at or near the bottom of the range will be appropriate if there is whole person impairment for the injury of 6%. 0 to 5 Examples of the injury A sprain, ligamentous or soft tissue injury or minor or undisplaced fracture Current as at 21 May 2014 Page 143
Civil Liability Regulation 2003 Schedule 4 Division 14 Subdivision 1 145 Amputation of both feet Examples of factors affecting ISV assessment • Whether the injured person has fully recovered from the injury, and if not, whether there is any tendency for the ankle to give way • Whether there is scarring, aching or discomfort Foot injuries Amputations 32 to 65 Examples of factors affecting ISV assessment • Severity of any phantom pain • Pain in the stumps • Extent of any ongoing symptoms Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there are amputations of both feet at the forefoot (transmetatarsal level amputations). Page 144 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 146 Amputation of 1 foot • An ISV of about 40 will be appropriate if there are amputations of both feet at the mid foot (tarsometatarsal level or Lisfranc amputations). • An ISV at or near the top of the range will be appropriate if each amputation is at the level of the ankle (Syme’s amputation) and the stumps can not be used with prostheses. 20 to 35 Examples of factors affecting ISV assessment • Severity of any phantom pain • Pain in the stump • Extent of any ongoing symptoms Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if the amputation is at the forefoot (transmetatarsal level amputation). • An ISV of about 26 will be appropriate if the amputation is at the mid foot (tarsometatarsal level or Lisfranc amputation). • An ISV at or near the top of the range will be appropriate if the amputation is at the level of the ankle (Syme’s amputation) and the stump can not be used with a prosthesis. Current as at 21 May 2014 Page 145
Civil Liability Regulation 2003 Schedule 4 Subdivision 2 147 Extreme foot injury that is not an amputation Other foot injuries Comment 13 to 25 There will be permanent and severe pain or very serious permanent disability. Example of the injury An unusually severe foot injury causing whole person impairment of 15% or more, for example, a heel fusion or loss of the tibia-calcaneum angle Comment about appropriate level of ISV 148 Serious foot injury An ISV at or near the top of the range will be appropriate if there is subtalar fibrous ankylosis in a severely malaligned position, ongoing pain and whole person impairment for the injury of 24%. 9 to 12 Examples of the injury • A severe midfoot deformity causing whole person impairment of 8% • A lower level loss of the tibia-calcaneum angle Page 146 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 149 Moderate foot injury Example of the injury 4 to 8 150 Minor foot injury A displaced metatarsal fracture causing permanent deformity, with ongoing symptoms of minor severity, for example, a limp that does not prevent the injured person engaging in most daily activities 0 to 3 Examples of the injury A simple metatarsal fracture, ruptured ligament, puncture wound or similar injury Comment about appropriate level of ISV Division 15 151 Extreme toe injury An ISV of 2 or less will be appropriate if there is a straightforward foot injury, for example, a fracture, laceration or contusions, from which the injured person will fully recover. Toe injuries Examples of factors affecting ISV assessment for items 151.1 to 151.3 • Whether the amputation was traumatic or surgical • Extent of the loss of the forefoot • Residual effects on mobility Current as at 21 May 2014 Page 147
Civil Liability Regulation 2003 Schedule 4 151.1 151.2 151.3 Amputation of all toes 8 to 20 Comment about appropriate level of ISV • An ISV at or near the middle of the range will be appropriate if the amputation is through the metatarsophalangeal joints (MTP joints) of all toes. • An ISV at or near the top of the range will be appropriate if there is complete amputation of all toes and amputation of a substantial part of the forefoot. Amputation of the great toe 6 to 12 Example of factor affecting ISV assessment for item 151.2 The level at which the amputation happens or any ongoing symptoms Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there is complete loss of the great toe and ball of the foot caused by an amputation through the first metatarsal bone. Amputation of individual lesser 3 to 5 toes Example of factor affecting ISV assessment for item 151.3 The level at which the amputation happens or any ongoing symptoms Page 148 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 Comment about appropriate level of ISV 152 Serious toe injury • An ISV at or near the bottom of the range will be appropriate if there is an amputation of 1 lesser toe and— (a) there is no ongoing pain; and (b) there is little or no loss of function of the foot; and (c) the cosmetic effect of the amputation is minor. • An ISV at or near the top of the range will be appropriate if there is complete amputation of all lesser toes and part of the forefoot. 8 to 12 Comment The injury will cause serious and permanent disability. Examples of the injury • A severe crush injury causing ankylosis of the toes • A bursting wound, or an injury causing severe toe damage, with significant symptoms 153 Moderate toe injury 4 to 7 Comment There will be permanent discomfort, pain or sensitive scarring. Current as at 21 May 2014 Page 149
Civil Liability Regulation 2003 Schedule 4 154 Minor toe injury Division 16 Examples of the injury • A moderate injury to the great toe • A crush injury causing multiple fractures of 2 or more toes Comment about appropriate level of ISV An ISV at or near the top of the range will be appropriate if there has been more than 1 unsuccessful operation, or there are persisting stabbing pains, impaired gait or similar effects. 0 to 3 Examples of the injury A relatively straightforward fracture or soft tissue injury Comment about appropriate level of ISV An ISV of 1 will be appropriate if there is a straightforward fracture of 1 or more toes with complete resolution within a short time. Limb disorders General comment The ISV for a limb disorder must be assessed having regard to the item of this schedule that— (a) relates to the part of the body affected by the disorder; and (b) is for an injury that has a similar level of adverse impact to the disorder. Page 150 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 Examples of a limb disorder • Tenosynovitis (inflammation of synovial sheaths of tendons usually resolving with rest over a short period and sometimes leading to ongoing symptoms of loss of grip and dexterity) • Peripheral nerve injury (the constriction of the motor or sensory nerves or thickening of surrounding tissue, for example, carpal tunnel syndrome or sciatica) • Epicondylitis (inflammation around the elbow joint, for example, medially (golfer’s elbow) or laterally (tennis elbow)) • Vascular disorders, for example, deep vein thrombosis Examples of factors affecting ISV assessment • Whether the disorder is bilateral or one sided • The level of pain, swelling, tenderness or crepitus or other symptoms • The capacity to avoid a recurrence of symptoms • The ability to engage in daily activities • The availability and likely benefit of surgery • Whether the disorder is to a dominant or non-dominant limb Current as at 21 May 2014 Page 151
Civil Liability Regulation 2003 Schedule 4 Part 7 Scarring to parts of the body other than the face General comment • This part applies to external appearance and physical condition of the skin only, and includes scarring to the scalp, trunk and limbs. • Facial scarring must be assessed under part 3, division 3. • This part does not apply to adhesions, or scarring, of internal organs. • This part will usually apply to an injury involving skeletal damage only if the skeletal damage is minor. • Many of the physical injuries mentioned in this schedule involve some scarring from the initial injury and subsequent surgery, including skin grafting, to repair the injury and this has been taken into account in fixing the range of ISVs for the injuries. Example — The ISV range for an injury causing a closed fracture of a limb takes into account the potential need for open reduction and internal fixation of the fracture and the resulting surgical wound and scar. Examples of factors affecting ISV assessment for items 155.1 to 155.4 • Location of a scar • Age Page 152 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 155 Scarring to a part of the body other than the face 155.1 • Adverse psychological reaction • Likelihood of a scar fading or becoming less noticeable over time Extreme scarring to a part of the 14 to 25 body other than the face Comment about appropriate level of ISV • An ISV at or near the bottom of the range will be appropriate if there is— (a) extensive scarring to 1 or more of the limbs and significant cosmetic disfigurement; and (b) either— (i) the need to keep the limb or limbs covered or wear special clothing; or (ii) ongoing limitation in the ability to participate in activities because of cosmetic disfigurement or functional impairment. • An ISV at or near the top of the range will be appropriate if there is gross permanent scarring over an extensive area or areas of the body, with ongoing pain and other symptoms. Current as at 21 May 2014 Page 153
Civil Liability Regulation 2003 Schedule 4 155.2 155.3 Serious scarring to a part of the 9 to 13 body other than the face Comment There is serious scarring— (a) requiring extensive medical treatment or surgery; and (b) causing significant ongoing limitation in the ability to participate in activities because of cosmetic disfigurement or functional impairment. Examples of the injury • Significant scarring over the upper and lower arm requiring skin grafting if— (a) there are post-operative complications requiring additional medical treatment for up to 18 months; and (b) there is maximum medical improvement within 2 years after the scarring is caused. • Hypertrophic (keloid) scarring caused by a burn to the front of the neck, with an intermittent sensation of burning, itching or irritation. Moderate scarring to a part of the 4 to 8 body other than the face Examples of the injury • Several noticeable scars that are hypertrophic (keloid) Page 154 Current as at 21 May 2014
155.4 Part 8 Civil Liability Regulation 2003 Schedule 4 • A significant linear scar in an area of cosmetic importance, for example, the front of the neck Minor scarring to a part of the 0 to 3 body other than the face Examples of the injury • Scarring caused by a superficial burn that heals within a few weeks and causes some minor change of pigmentation in a noticeable area. • A single noticeable scar, or several superficial scars, to 1 or both of the legs, arms or hands, with some minor cosmetic damage. Burn injuries General comment • The ISV for a burn injury must be assessed having regard to the item of this schedule that— (a) relates to the part of the body affected by the burn injury; and (b) is for an injury that has a similar level of adverse impact to the burn injury. • Burns to the face must be assessed under part 3, division 3. • In burns cases, the ISV for an injury to a part of the body causing functional impairment will generally be at or near the top of the range for an injury to that part of the body. Current as at 21 May 2014 Page 155
Civil Liability Regulation 2003 Schedule 4 Part 9 156 Extreme injury affecting head hair • In serious burns cases, the effects of scarring are more comprehensive and less able to be remedied than the effects of scarring from other causes. Injuries affecting hair 11 to 15 Example of the injury Total permanent loss of head hair 157 Serious injury affecting head hair Example of the injury 4 to 10 Damage to head hair, caused by, for example, defective waving or tinting, if— (a) the physical effect of the damage is— (i) dermatitis; or (ii) tingling or burning of the scalp, causing dry, brittle hair that breaks off or falls out, or both; and (b) the physical effect leads to depression, loss of confidence and inhibited social life Comment about appropriate level of ISV An ISV in the upper half of the range will be appropriate if— (a) thinning continues and prospects of regrowth are poor; or Page 156 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 4 158 Moderate injury affecting head hair or loss of body hair Part 10 159 Extreme dermatitis 160 Serious dermatitis (b) there is a partial loss of areas of hair and regrowth is slow. 0 to 3 Examples of the injury • Hair that has been pulled out leaving bald patches • The same example applies as for item 157 but with fewer or only moderate symptoms Example of factor affecting ISV assessment Length of time before regrowth Dermatitis 11 to 20 Examples of the injury Permanent dermatitis having a severe effect on employment and domestic capability, with some mental disorder 8 to 10 Example of the injury Dermatitis that— (a) lasts for years or indefinitely; and (b) involves cracking soreness; and and (c) affects employment and domestic capability; and Current as at 21 May 2014 Page 157
Civil Liability Regulation 2003 Schedule 4 161 Moderate dermatitis 162 Minor dermatitis (d) causes marked adverse psychological reaction Example of the injury Dermatitis lasting for a significant period, but settling with treatment or a change of personal conduct, or both Examples of the injury Itching, skin irritation or a rash, alone or in combination, that resolves with treatment within a few months of the start of treatment 3 to 7 0 to 2 Page 158 Current as at 21 May 2014
Schedule 5 Civil Liability Regulation 2003 Schedule 5 Matters relevant to PIRS assessment by medical expert section 6(1) Part 1 Explanation of the PIRS 1 PIRS rates permanent impairment caused by mental disorder The PIRS set out in schedule 6 rates permanent impairment caused by a mental disorder. Note — PIRS ratings are referred to in schedule 4, part 2. A PIRS rating is capable of being accepted by a court under schedule 3, section 6 only if it is— (a) assessed by a medical expert as required under this schedule and schedule 6; and (b) provided to the court in a PIRS report as required under section 12. 2 Areas of functional impairment (1) The PIRS consists of 6 scales, each of which rates permanent impairment in an area of function. (2) Each scale has 5 classes of impairment, ranging from little or no impairment to total impairment. Current as at 21 May 2014 Page 159
Civil Liability Regulation 2003 Schedule 5 Part 2 Assessment of PIRS rating 3 Medical expert must comply with requirements (1) A medical expert must comply with this schedule and schedule 6 in assessing a PIRS rating for a mental disorder of an injured person. (2) The medical expert may give an assessment only if the medical expert has examined the injured person. 4 How to assess a PIRS rating (1) To assess a PIRS rating for a mental disorder of an injured person, a medical expert must follow the steps set out in this section. Note — Section 8 provides an example completed worksheet that could be used to assess a PIRS rating. (2) Step 1—for each area of functional impairment set out in the PIRS, the medical expert must— (a) decide which level of impairment set out in the PIRS describes the level of impairment caused by the mental disorder of the injured person; and (b) read off from the PIRS the class, for example, class 1, that corresponds to the level that has been decided. (3) In deciding which level to choose for an area of functional impairment, the medical expert— (a) must have regard to— (i) the examples of indicators of the level of impairment set out in the PIRS for the area to the extent they are relevant in a particular case; and (ii) all factors the medical expert considers relevant to the injured person’s level of impairment, including, for example, the injured person’s age and pre-existing functional capacity for the area; and Page 160 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 5 (b) may have regard to the range of percentages of impairment set out in the PIRS for the area as a guide to the level of impairment. Note — The examples of impairment set out in the PIRS assume a full pre-existing functional capacity for the area which may not be appropriate in a particular case. (4) Step 2—the medical expert must list the class number of the 6 classes read off under step 1 in ascending order. (5) Step 3—the medical expert must work out the median of the class numbers (the median class score ) under section 6. (6) Step 4—the medical expert must work out the total of the class numbers (the total class score ) by adding together all of the class numbers. (7) Step 5—from the conversion table in section 7, the medical expert must read off the percentage impairment, that corresponds to the particular median class score when found in conjunction with the particular total class score. (8) Subject to section 5, the percentage impairment is the PIRS rating assessed by the medical expert for the mental disorder of the injured person. 5 Assessment if pre-existing mental disorder (1) If an injured person has a pre-existing mental disorder, a medical expert must— (a) work out a percentage impairment for the pre-existing mental disorder at the time immediately before the injury using the steps set out in section 4 (the pre-injury rating ); and (b) work out a percentage impairment for the current mental disorder using the steps set out in section 4 (the post-injury rating ); and (c) subtract the pre-injury rating from the post-injury rating. Current as at 21 May 2014 Page 161
Civil Liability Regulation 2003 Schedule 5 (2) The remaining percentage impairment is the PIRS rating assessed by the medical expert for the mental disorder of the injured person. Editor’s note — See also section 11 (Pre-existing mental disorder). 6 How to work out a median class score (1) A median class score is the number that would fall at the middle point between the third class number and the fourth class number if all the class numbers are listed in ascending order. (2) If the median class score under subsection (1) is not a whole number, the median class score must be rounded up to the nearest whole number. Note — A median class score, as opposed to a mean class score or average class score, has the advantage of not being too influenced by 1 extreme score. 7 Conversion table This section sets out the conversion table for use under section 4. Page 162 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 5 Conversion table for percentage impairment Total class score Median class score 1234 6 0% 7 0% 8 1% 9 1% 4% 10 2% 5% 11 2% 5% 12 2% 6% 13 3% 7% 11% 14 3% 7% 13% 15 8% 15% 16 9% 17% 17 9% 19% 31% 18 10% 22% 34% 19 24% 37% 20 26% 41% 21 28% 44% 22 30% 47% 23 50% 24 54% 25 57% 26 60% 27 28 29 30 Current as at 21 May 2014 5 61% 65% 70% 74% 78% 83% 87% 91% 96% 100% Page 163
Civil Liability Regulation 2003 Schedule 5 8 Example worksheet This section sets out an example of a completed worksheet that could be used to assess a PIRS rating for a mental disorder. Area of functional impairment Class 1 Self-care and personal hygiene 1 2 Social and recreational activities 2 3 Travel 3 4 Social functioning 5 5 Concentration, persistence and pace 5 6 Adaptation 5 List of class numbers in ascending order: 12 3 5 5 5 Median class score (using section 6): 4 Total class score: 21 Percentage impairment (using conversion table in section 7): 44% PIRS rating (if no pre-existing mental disorder): 44% Part 3 Particular cases 9 Refusal of treatment (1) This section applies if an injured person refuses treatment that could lead to a significant improvement in the level of permanent impairment caused by a mental disorder of the injured person. (2) Despite the injured person’s refusal of treatment, a medical expert may assess a PIRS rating for the mental disorder of the injured person. Page 164 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 5 (3) The refusal of treatment must not affect the medical expert’s assessment of the PIRS rating. (4) The medical expert must note the refusal of treatment in the PIRS report and state in the report the likely effect of treatment and any reasons known to the medical expert for the refusal of treatment. (5) Subsection (6) applies if a PIRS report given to a court states that the injured person refuses treatment that could lead to a significant improvement in the level of permanent impairment caused by the mental disorder of the injured person. (6) The court may, in assessing the ISV for an injury or multiple injuries of the injured person, take into account the refusal of treatment and the matters stated in the PIRS report under subsection (4). (7) In this section— PIRS report means a report under section 12. 10 Cognitive impairment If a medical expert assessing a PIRS rating for a mental disorder of an injured person suspects the injured person has a cognitive impairment, the medical expert must take into account the following factors— (a) the relevant medical history of the injured person; (b) any medical treatment, and progress towards rehabilitation, for the cognitive impairment; (c) any results of radiological scans, including CT and MRI scans, electroencephalograms and psychometric tests made available to the medical expert. 11 Pre-existing mental disorder If a medical expert assessing a PIRS rating for a mental disorder of an injured person considers the injured person had a pre-existing mental disorder, the medical expert must— Current as at 21 May 2014 Page 165
Civil Liability Regulation 2003 Schedule 5 (a) make appropriate enquiry into the pre-existing mental disorder; and (b) consider any psychiatric or psychological reports made available to the medical expert. Part 4 Report of PIRS rating 12 Court to be given PIRS report (1) This section applies if a party to a proceeding wants a court to accept a PIRS rating assessed by a medical expert for a mental disorder of an injured person. (2) The party must give the court a written report from the medical expert stating the following matters— (a) the mental disorder diagnosed by the medical expert; (b) the PIRS rating assessed by the medical expert for the mental disorder of the injured person; (c) how the PIRS rating is assessed, including— (i) for each area of functional impairment set out in the PIRS— (A) the relevant clinical findings; and (B) the level of impairment set out in the PIRS that the medical expert decided described the level of impairment caused by the mental disorder of the injured person; and (C) the class set out in the PIRS that corresponds to the level that was decided; and (ii) the median class score and total class score worked out under section 4; and (iii) if the injured person had a pre-existing mental disorder, the information mentioned in subparagraphs (i) and (ii) in relation to the Page 166 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 5 pre-injury rating and the post-injury rating as defined under section 5; (d) details of any cognitive impairment of the injured person. Current as at 21 May 2014 Page 167
Civil Liability Regulation 2003 Schedule 6 Schedule 6 Psychiatric impairment rating scale section 6(1) Area of functional impairment: self-care and personal hygiene Class Class 1 Class 2 Class 3 Level of impairment Examples of indicators of level of impairment Note— These must be had regard to under schedule 5, section 4(3)(a)(i). Percentage impairment ranges Note— These may be had regard to under schedule 5, section 4(3)(b). Little or no impairment 0 to 3% Mild impairment 4 to 10% • can live independently • looks after himself or herself adequately, although may look unkempt occasionally • sometimes misses a meal or relies on takeaway food Moderate impairment 11 to 30% • can not live independently without regular support • needs prompting to shower daily and wear clean clothes • does not prepare own meals • frequently misses meals Page 168 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 6 Class 4 Severe impairment Class 5 Totally impaired • if living independently, a family member or community nurse visits, or needs to visit, 2 to 3 times a week to ensure a minimum level of hygiene and nutrition 31 to 60% • needs supervised residential care • if unsupervised, may accidentally or deliberately hurt himself or herself more than 60% • needs assistance with basic functions, for example, feeding or toileting Current as at 21 May 2014 Page 169
Civil Liability Regulation 2003 Schedule 6 Area of functional impairment: social and recreational activities Class Class 1 Class 2 Class 3 Level of impairment Examples of indicators of level of impairment Note— These must be had regard to under schedule 5, section 4(3)(a)(i). Percentage impairment ranges Note— These may be had regard to under schedule 5, section 4(3)(b). Little or no impairment 0 to 3% • regularly goes to cinemas, restaurants or other recreational venues • belongs to clubs or associations and is actively involved in them Mild impairment 4 to 10% • occasionally goes to social events without needing a support person, but does not become actively involved, for example, by dancing or cheering a team Moderate impairment 11 to 30% • rarely goes to social events, and usually only when prompted by family or a friend • does not become involved in social events • will not go out without a support person • remains quiet and withdrawn Page 170 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 6 Class 4 Severe impairment Class 5 Totally impaired 31 to 60% • never leaves own residence • tolerates the company of a family member or close friend • will go to a different room or garden when a person, other than a family member or close friend, comes to visit someone at own residence more 60% • can not tolerate living with anybody • extremely uncomfortable when visited by a close family member than Area of functional impairment: travel Class Class 1 Level of impairment Examples of indicators of level of impairment Note— These must be had regard to under schedule 5, section 4(3)(a)(i). Percentage impairment ranges Note— These may be had regard to under schedule 5, section 4(3)(b). Little or no impairment 0 to 3% • can travel environments supervision to new without Current as at 21 May 2014 Page 171
Civil Liability Regulation 2003 Schedule 6 Class 2 Mild impairment Class 3 Moderate impairment Class 4 Severe impairment Class 5 Totally impaired 4 to 10% • can travel without a support person, but only in a familiar area, for example, to go to the local shops or visit a neighbour 11 to 30% • can not travel away from own residence without a support person • there may be problems resulting from excessive anxiety or cognitive impairment 31 to 60% • finds it extremely uncomfortable to leave his or her own residence even with a trusted person more 60% • can not be left unsupervised, even at own residence • may require 2 or more persons to supervise him or her when travelling than Page 172 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 6 Area of functional impairment: social functioning Class Level of impairment Class 1 Little or no impairment Class 2 Mild impairment Class 3 Moderate impairment Examples of indicators of level of impairment Note— These must be had regard to under schedule 5, section 4(3)(a)(i). Percentage impairment ranges Note— These may be had regard to under schedule 5, section 4(3)(b). 0 to 3% • has no difficulty in forming and sustaining relationships, for example, with a spouse or close friend lasting years 4 to 10% • existing relationships are strained • tension and arguments between the injured person and a spouse or close family member • some friendships are lost 11 to 30% • established relationships are severely strained, as is shown by periods of separation or domestic violence • if the injured person has children, then a spouse, family members or community services are providing most of the care for the children Current as at 21 May 2014 Page 173
Civil Liability Regulation 2003 Schedule 6 Class 4 Severe impairment Class 5 Totally impaired 31 to 60% • can not form or sustain long-term relationships • pre-existing relationships, for example, with a spouse or close friend, have ended • can not care for dependents, for example, child dependents (if any) or an elderly parent more 60% • can not function within society • lives away from populated areas • actively avoids social contact than Page 174 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 6 Area of functional impairment: concentration, persistence and pace Class Level of impairment Class 1 Little or no impairment Class 2 Mild impairment Examples of indicators of level of impairment Note— These must be had regard to under schedule 5, section 4(3)(a)(i). Percentage impairment ranges Note— These may be had regard to under schedule 5, section 4(3)(b). 0 to 3% • can complete vocational education and training or a university course within a normal time frame 4 to 10% • can undertake a basic or standard retraining course at a slower pace • can focus on intellectually demanding tasks for up to 30 minutes, then may feel fatigued or develop headaches Current as at 21 May 2014 Page 175
Civil Liability Regulation 2003 Schedule 6 Class 3 Moderate impairment Class 4 Severe impairment Class 5 Totally impaired 11 to 30% • can not read more than newspaper articles • finds it difficult to follow complex instructions, for example, operating manuals or building plans • can not make significant repairs to motor vehicle or type long documents • can not follow a pattern for making clothes or tapestry or knitting 31 to 60% • able only to read a few lines before losing concentration • has difficulty in following simple instructions • impaired concentration is obvious even during brief conversation • can not live alone or needs regular assistance from family members or community services more 60% • needs constant supervision and assistance within an institutional environment than Page 176 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 6 Area of functional impairment: adaptation Note — This area of functional impairment deals with employability. Class Level of impairment Class 1 Little or no impairment Examples of indicators of level of impairment Note— These must be had regard to under schedule 5, section 4(3)(a)(i). Percentage impairment ranges Note— These may be had regard to under schedule 5, section 4(3)(b). 0 to 3% • can work full-time in the position in which the injured person worked immediately before the injury (the pre-injury position ) • the injured person’s duties at work and performance of the duties are consistent with the person’s education and training • can cope with the normal demands of the job Current as at 21 May 2014 Page 177
Civil Liability Regulation 2003 Schedule 6 Class 2 Mild impairment Class 3 Moderate impairment Class 4 Severe impairment 4 to 10% • can work in the pre-injury position, but for no more than 20 hours a week, for example, because the injured person is no longer happy to work with particular persons • can work full-time in a different position where performance of the relevant duties requires the use of comparable skill and intellect to that required to perform the duties of the pre-injury position 11 to 30% • can not work at all in the pre-injury position • only able to work less than 20 hours a week in a different position where performance of the relevant duties requires less skill or is otherwise less demanding, for example, less stressful 31 to 60% • can not work more than 1 or 2 days at a time • works less than 20 hours a fortnight • the pace at which work is done is reduced • attendance at work is erratic Page 178 Current as at 21 May 2014
Class 5 Totally impaired Civil Liability Regulation 2003 Schedule 6 more 60% • needs constant supervision and assistance within an institutional environment than Current as at 21 May 2014 Page 179
Civil Liability Regulation 2003 Schedule 6A Schedule 6A General damages calculation provisions section 6A 1 General damages calculation provisions—2 December 2002 to 30 June 2010 The general damages must be calculated for an injury arising on or after 2 December 2002 to and including 30 June 2010 as follows— (a) if the injury scale value of the injury is assessed as 5 or less—by multiplying the injury scale value by $1000; (b) if the injury scale value of the injury is assessed as 10 or less but more than 5—by adding to $5000 an amount calculated by multiplying the number by which the injury scale value exceeds 5 by $1200; (c) if the injury scale value of the injury is assessed as 15 or less but more than 10—by adding to $11000 an amount calculated by multiplying the number by which the injury scale value exceeds 10 by $1400; (d) if the injury scale value of the injury is assessed as 20 or less but more than 15—by adding to $18000 an amount calculated by multiplying the number by which the injury scale value exceeds 15 by $1600; (e) if the injury scale value of the injury is assessed as 25 or less but more than 20—by adding to $26000 an amount calculated by multiplying the number by which the injury scale value exceeds 20 by $1800; (f) if the injury scale value of the injury is assessed as 30 or less but more than 25—by adding to $35000 an amount calculated by multiplying the number by which the injury scale value exceeds 25 by $2000; (g) if the injury scale value of the injury is assessed as 35 or less but more than 30—by adding to $45000 an amount Page 180 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 6A calculated by multiplying the number by which the injury scale value exceeds 30 by $2200; (h) if the injury scale value of the injury is assessed as 40 or less but more than 35—by adding to $56000 an amount calculated by multiplying the number by which the injury scale value exceeds 35 by $2400; (i) if the injury scale value of the injury is assessed as 50 or less but more than 40—by adding to $68000 an amount calculated by multiplying the number by which the injury scale value exceeds 40 by $2580; (j) if the injury scale value of the injury is assessed as 60 or less but more than 50—by adding to $93800 an amount calculated by multiplying the number by which the injury scale value exceeds 50 by $2760; (k) if the injury scale value of the injury is assessed as 70 or less but more than 60—by adding to $121400 an amount calculated by multiplying the number by which the injury scale value exceeds 60 by $2940; (l) if the injury scale value of the injury is assessed as 80 or less but more than 70—by adding to $150800 an amount calculated by multiplying the number by which the injury scale value exceeds 70 by $3120; (m) if the injury scale value of the injury is assessed as 90 or less but more than 80—by adding to $182000 an amount calculated by multiplying the number by which the injury scale value exceeds 80 by $3300; (n) if the injury scale value of the injury is assessed as 100 or less but more than 90—by adding to $215000 an amount calculated by multiplying the number by which the injury scale value exceeds 90 by $3500. 2 General damages calculation provisions—1 July 2010 to 30 June 2011 The general damages must be calculated for an injury arising on or after 1 July 2010 to and including 30 June 2011 as follows— Current as at 21 May 2014 Page 181
Civil Liability Regulation 2003 Schedule 6A Page 182 (a) if the injury scale value of the injury is assessed as 5 or less—by multiplying the injury scale value by $1180; (b) if the injury scale value of the injury is assessed as 10 or less but more than 5—by adding to $5900 an amount calculated by multiplying the number by which the injury scale value exceeds 5 by $1410; (c) if the injury scale value of the injury is assessed as 15 or less but more than 10—by adding to $12950 an amount calculated by multiplying the number by which the injury scale value exceeds 10 by $1650; (d) if the injury scale value of the injury is assessed as 20 or less but more than 15—by adding to $21200 an amount calculated by multiplying the number by which the injury scale value exceeds 15 by $1880; (e) if the injury scale value of the injury is assessed as 25 or less but more than 20—by adding to $30600 an amount calculated by multiplying the number by which the injury scale value exceeds 20 by $2120; (f) if the injury scale value of the injury is assessed as 30 or less but more than 25—by adding to $41200 an amount calculated by multiplying the number by which the injury scale value exceeds 25 by $2360; (g) if the injury scale value of the injury is assessed as 35 or less but more than 30—by adding to $53000 an amount calculated by multiplying the number by which the injury scale value exceeds 30 by $2590; (h) if the injury scale value of the injury is assessed as 40 or less but more than 35—by adding to $65950 an amount calculated by multiplying the number by which the injury scale value exceeds 35 by $2830; (i) if the injury scale value of the injury is assessed as 50 or less but more than 40—by adding to $80100 an amount calculated by multiplying the number by which the injury scale value exceeds 40 by $3040; (j) if the injury scale value of the injury is assessed as 60 or less but more than 50—by adding to $110500 an amount Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 6A calculated by multiplying the number by which the injury scale value exceeds 50 by $3250; (k) if the injury scale value of the injury is assessed as 70 or less but more than 60—by adding to $143000 an amount calculated by multiplying the number by which the injury scale value exceeds 60 by $3460; (l) if the injury scale value of the injury is assessed as 80 or less but more than 70—by adding to $177600 an amount calculated by multiplying the number by which the injury scale value exceeds 70 by $3680; (m) if the injury scale value of the injury is assessed as 90 or less but more than 80—by adding to $214400 an amount calculated by multiplying the number by which the injury scale value exceeds 80 by $3890; (n) if the injury scale value of the injury is assessed as 100 or less but more than 90—by adding to $253300 an amount calculated by multiplying the number by which the injury scale value exceeds 90 by $4120. 3 General damages calculation provisions—1 July 2011 to 30 June 2012 The general damages must be calculated for an injury arising on or after 1 July 2011 to and including 30 June 2012 as follows— (a) if the injury scale value of the injury is assessed as 5 or less—by multiplying the injury scale value by $1220; (b) if the injury scale value of the injury is assessed as 10 or less but more than 5—by adding to $6100 an amount calculated by multiplying the number by which the injury scale value exceeds 5 by $1450; (c) if the injury scale value of the injury is assessed as 15 or less but more than 10—by adding to $13350 an amount calculated by multiplying the number by which the injury scale value exceeds 10 by $1700; (d) if the injury scale value of the injury is assessed as 20 or less but more than 15—by adding to $21850 an amount Current as at 21 May 2014 Page 183
Civil Liability Regulation 2003 Schedule 6A Page 184 calculated by multiplying the number by which the injury scale value exceeds 15 by $1940; (e) if the injury scale value of the injury is assessed as 25 or less but more than 20—by adding to $31550 an amount calculated by multiplying the number by which the injury scale value exceeds 20 by $2180; (f) if the injury scale value of the injury is assessed as 30 or less but more than 25—by adding to $42450 an amount calculated by multiplying the number by which the injury scale value exceeds 25 by $2430; (g) if the injury scale value of the injury is assessed as 35 or less but more than 30—by adding to $54600 an amount calculated by multiplying the number by which the injury scale value exceeds 30 by $2670; (h) if the injury scale value of the injury is assessed as 40 or less but more than 35—by adding to $67950 an amount calculated by multiplying the number by which the injury scale value exceeds 35 by $2920; (i) if the injury scale value of the injury is assessed as 50 or less but more than 40—by adding to $82550 an amount calculated by multiplying the number by which the injury scale value exceeds 40 by $3130; (j) if the injury scale value of the injury is assessed as 60 or less but more than 50—by adding to $113850 an amount calculated by multiplying the number by which the injury scale value exceeds 50 by $3350; (k) if the injury scale value of the injury is assessed as 70 or less but more than 60—by adding to $147350 an amount calculated by multiplying the number by which the injury scale value exceeds 60 by $3560; (l) if the injury scale value of the injury is assessed as 80 or less but more than 70—by adding to $182950 an amount calculated by multiplying the number by which the injury scale value exceeds 70 by $3790; (m) if the injury scale value of the injury is assessed as 90 or less but more than 80—by adding to $220850 an amount Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 6A calculated by multiplying the number by which the injury scale value exceeds 80 by $4010; (n) if the injury scale value of the injury is assessed as 100 or less but more than 90—by adding to $260950 an amount calculated by multiplying the number by which the injury scale value exceeds 90 by $4240. 4 General damages calculation provisions—1 July 2012 to 30 June 2013 The general damages must be calculated for an injury arising on or after 1 July 2012 to and including 30 June 2013 as follows— (a) if the injury scale value of the injury is assessed as 5 or less—by multiplying the injury scale value by $1290; (b) if the injury scale value of the injury is assessed as 10 or less but more than 5—by adding to $6450 an amount calculated by multiplying the number by which the injury scale value exceeds 5 by $1530; (c) if the injury scale value of the injury is assessed as 15 or less but more than 10—by adding to $14100 an amount calculated by multiplying the number by which the injury scale value exceeds 10 by $1790; (d) if the injury scale value of the injury is assessed as 20 or less but more than 15—by adding to $23050 an amount calculated by multiplying the number by which the injury scale value exceeds 15 by $2050; (e) if the injury scale value of the injury is assessed as 25 or less but more than 20—by adding to $33300 an amount calculated by multiplying the number by which the injury scale value exceeds 20 by $2300; (f) if the injury scale value of the injury is assessed as 30 or less but more than 25—by adding to $44800 an amount calculated by multiplying the number by which the injury scale value exceeds 25 by $2560; (g) if the injury scale value of the injury is assessed as 35 or less but more than 30—by adding to $57600 an amount Current as at 21 May 2014 Page 185
Civil Liability Regulation 2003 Schedule 6A calculated by multiplying the number by which the injury scale value exceeds 30 by $2820; (h) if the injury scale value of the injury is assessed as 40 or less but more than 35—by adding to $71700 an amount calculated by multiplying the number by which the injury scale value exceeds 35 by $3080; (i) if the injury scale value of the injury is assessed as 50 or less but more than 40—by adding to $87100 an amount calculated by multiplying the number by which the injury scale value exceeds 40 by $3300; (j) if the injury scale value of the injury is assessed as 60 or less but more than 50—by adding to $120100 an amount calculated by multiplying the number by which the injury scale value exceeds 50 by $3530; (k) if the injury scale value of the injury is assessed as 70 or less but more than 60—by adding to $155400 an amount calculated by multiplying the number by which the injury scale value exceeds 60 by $3760; (l) if the injury scale value of the injury is assessed as 80 or less but more than 70—by adding to $193000 an amount calculated by multiplying the number by which the injury scale value exceeds 70 by $4000; (m) if the injury scale value of the injury is assessed as 90 or less but more than 80—by adding to $233000 an amount calculated by multiplying the number by which the injury scale value exceeds 80 by $4230; (n) if the injury scale value of the injury is assessed as 100 or less but more than 90—by adding to $275300 an amount calculated by multiplying the number by which the injury scale value exceeds 90 by $4470. 5 General damages calculation provisions—1 July 2013 The general damages must be calculated for an injury arising on or after 1 July 2013 as follows— (a) if the injury scale value of the injury is assessed as 5 or less—by multiplying the injury scale value by $1360; Page 186 Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 6A (b) if the injury scale value of the injury is assessed as 10 or less but more than 5—by adding to $6800 an amount calculated by multiplying the number by which the injury scale value exceeds 5 by $1610; (c) if the injury scale value of the injury is assessed as 15 or less but more than 10—by adding to $14850 an amount calculated by multiplying the number by which the injury scale value exceeds 10 by $1890; (d) if the injury scale value of the injury is assessed as 20 or less but more than 15—by adding to $24300 an amount calculated by multiplying the number by which the injury scale value exceeds 15 by $2160; (e) if the injury scale value of the injury is assessed as 25 or less but more than 20—by adding to $35100 an amount calculated by multiplying the number by which the injury scale value exceeds 20 by $2420; (f) if the injury scale value of the injury is assessed as 30 or less but more than 25—by adding to $47200 an amount calculated by multiplying the number by which the injury scale value exceeds 25 by $2700; (g) if the injury scale value of the injury is assessed as 35 or less but more than 30—by adding to $60700 an amount calculated by multiplying the number by which the injury scale value exceeds 30 by $2970; (h) if the injury scale value of the injury is assessed as 40 or less but more than 35—by adding to $75550 an amount calculated by multiplying the number by which the injury scale value exceeds 35 by $3250; (i) if the injury scale value of the injury is assessed as 50 or less but more than 40—by adding to $91800 an amount calculated by multiplying the number by which the injury scale value exceeds 40 by $3480; (j) if the injury scale value of the injury is assessed as 60 or less but more than 50—by adding to $126600 an amount calculated by multiplying the number by which the injury scale value exceeds 50 by $3720; Current as at 21 May 2014 Page 187
Civil Liability Regulation 2003 Schedule 6A (k) if the injury scale value of the injury is assessed as 70 or less but more than 60—by adding to $163800 an amount calculated by multiplying the number by which the injury scale value exceeds 60 by $3960; (l) if the injury scale value of the injury is assessed as 80 or less but more than 70—by adding to $203400 an amount calculated by multiplying the number by which the injury scale value exceeds 70 by $4220; (m) if the injury scale value of the injury is assessed as 90 or less but more than 80—by adding to $245600 an amount calculated by multiplying the number by which the injury scale value exceeds 80 by $4460; (n) if the injury scale value of the injury is assessed as 100 or less but more than 90—by adding to $290200 an amount calculated by multiplying the number by which the injury scale value exceeds 90 by $4710. Page 188 Current as at 21 May 2014
Schedule 7 Dictionary Civil Liability Regulation 2003 Schedule 7 section 2 adverse psychological reaction does not include a mental disorder. AMA 5 means the 5th edition of the Guides to the Evaluation of Permanent Impairment published by the American Medical Association. ankylosis means fixation of a joint in a specific position. digestive system — (a) means the organs and other parts of the body forming the alimentary tract, and includes the tongue, throat and abdominal wall; but (b) does not include an organ or other part of the body mentioned in the injury column of schedule 4. dominant injury , of multiple injuries, means— (a) if the highest range for 2 or more of the injuries of the multiple injuries is the same—the injury of those injuries selected as the dominant injury by a court assessing an ISV; or (b) otherwise—the injury of the multiple injuries having the highest range. Note— The selection as a dominant injury of a particular injury from 2 or more injuries having the same highest range will not affect the outcome of the court’s assessment of an ISV for the multiple injuries. DSM 4 means the 4th edition of the Diagnostic and Statistical Manual of Mental Disorders, Text Revision (DSM-IV-TR) published by the American Psychiatric Association in 2000. highest range means the range of ISVs having the highest maximum ISV. ISV means injury scale value. Current as at 21 May 2014 Page 189
Civil Liability Regulation 2003 Schedule 7 Page 190 Le Fort I fracture means a horizontal segmented fracture of the alveolar process of the maxilla. Le Fort II fracture means a unilateral or bilateral fracture of the maxilla— (a) in which the body of the maxilla is separated from the facial skeleton and pyramidal in shape; and (b) that may extend through the body of the maxilla down the midline of the hard palate, through the floor of the orbit and into the nasal cavity. Le Fort III fracture means a fracture in which the entire maxilla and 1 or more facial bones are completely separated from the brain case. medical expert , for an assessment of a PIRS rating, means a person— (a) who is appropriately qualified to perform the assessment, including a psychologist, neuropsychologist or psychiatrist; and (b) who has had appropriate training in the use of the PIRS. mental disorder means a mental disorder recognised under DSM 4. permanent impairment , in relation to an injury, means the impairment an injured person has, or is likely to have, even after maximum medical improvement. PIRS means the psychiatric impairment rating scale set out in schedule 6. PIRS rating , for a mental disorder, means a rating on the PIRS for the permanent impairment caused by the mental disorder. pre-existing , in relation to an injury, means existing at the time immediately before the injury. range , in relation to an ISV for an injury, means the range of ISVs for the injury set out in schedule 4. whole person impairment , in relation to an injury, means an estimate, expressed as a percentage, of the impact of a Current as at 21 May 2014
Civil Liability Regulation 2003 Schedule 7 permanent impairment caused by the injury on the injured person’s overall ability to perform activities of daily living other than employment. Current as at 21 May 2014 Page 191
Civil Liability Regulation 2003 Endnotes Endnotes 1 Index to endnotes Page 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .193 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .195 2 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory Page 192 Current as at 21 May 2014
Civil Liability Regulation 2003 Endnotes requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 rv 1A 1B 1C 1D 2 2A 2B Amendments included none 2004 SL No. 196 2008 SL No. 264 2010 Act No. 9 2010 Act No. 24 — 2011 SL No. 102 2012 SL No. 72 Effective 26 September 2003 25 September 2004 1 July 2009 17 March 2010 1 July 2010 1 July 2010 1 July 2011 1 July 2012 Notes Revision notice issued for R1 R1D withdrawn, see R2 Current as at 1 July 2013 21 May 2014 Amendments included 2013 SL No. 109 2013 SL No. 118 2014 Act No. 17 Notes RA ss 30A, 35 4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Civil Liability Regulation 2003 SL No. 229 made by the Governor in Council on 25 September 2003 notfd gaz 26 September 2003 pp 298–9 commenced on date of notification exp 1 September 2014 (see SIA s 54) Notes—(1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) An explanatory note was prepared. amending legislation— Current as at 21 May 2014 Page 193
Civil Liability Regulation 2003 Endnotes Civil Liability Amendment Regulation (No. 1) 2004 SL No. 196 notfd gaz 24 September 2004 pp 322–4 ss 1–2 commenced on date of notification remaining provisions commenced 25 September 2004 (see s 2) Civil Liability Amendment Regulation (No. 1) 2008 SL No. 264 notfd gaz 22 August 2008 pp 2651–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2009 (see s 2) Note—An explanatory note was prepared. Civil Liability and Other Legislation Amendment Act 2010 No. 9 s 1, pt 3 date of assent 17 March 2010 commenced on date of assent Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2010 No. 24 pt 1, s 46 sch date of assent 17 June 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (see s 2) Civil Liability and Other Legislation Amendment Regulation (No. 1) 2011 SL No. 102 pts 1–2 notfd gaz 24 June 2011 pp 534–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Civil Liability and Other Legislation Amendment Regulation (No. 1) 2012 SL No. 72 pts 1–2 notfd gaz 15 June 2012 pp 329–30 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2012 (see s 2) TAFE Queensland Regulation 2013 SL No. 109 ss 1–2, 16 sch 1 pt 2 notfd gaz 21 June 2013 pp 503–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 (see s 2) Civil Liability and Other Legislation Amendment Regulation (No. 1) 2013 SL No. 118 pts 1–2 notfd gaz 28 June 2013 pp 739–47 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 (see s 2) Public Safety Business Agency Act 2014 No. 17 ss 1, 184 sch 1 pt 4 date of assent 21 May 2014 commenced on date of assent Page 194 Current as at 21 May 2014
Civil Liability Regulation 2003 Endnotes 5 List of annotations Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 58 s 5A ins 2010 Act No. 9 s 18 amd 2010 Act No. 24 s 46 sch; 2011 SL No. 102 s 4; 2012 SL No. 72 s 4; 2013 SL No. 118 s 4 Rules for assessing injury scale value—Act, s 61(1)(c)(i) s 6 sub 2004 SL No. 196 s 4 General damages calculation provisions—Act, s 62 s 6A ins 2010 Act No. 9 s 19 amd 2010 Act No. 24 s 46 sch; 2011 SL No. 102 s 5; 2012 SL No. 72 s 5; 2013 SL No. 118 s 5 Prescribed amount of award for future loss—Act, s 64 s 6B ins 2010 Act No. 9 s 19 amd 2010 Act No. 24 s 46 sch; 2011 SL No. 102 s 6; 2012 SL No. 72 s 6; 2013 SL No. 118 s 6 Transitional provision for Civil Liability Amendment Regulation (No. 1) 2008 s 7 ins 2008 SL No. 264 s 4 SCHEDULE 1—PRESCRIBED ENTITIES PROVIDING SERVICES TO ENHANCE PUBLIC SAFETY—ACT, SECTION 26(1)(a) amd 2004 SL No. 196 s 5; 2011 SL No. 102 s 7; 2014 Act No. 17 s 184 sch 1 pt 4 SCHEDULE 2—PRESCRIBED ENTITIES PROVIDING SERVICES TO ENHANCE PUBLIC SAFETY—ACT, SECTION 27(1) amd 2004 SL No. 196 s 5; 2011 SL No. 102 s 8; 2014 Act No. 17 s 184 sch 1 pt 4 SCHEDULE 3—MATTERS TO WHICH COURT IS TO HAVE REGARD IN THE APPLICATION OF SCHEDULE 4 sch 3 sub 2004 SL No. 196 s 6 PART 1—OBJECTIVES OF SCHEDULE 4 (RANGES OF INJURY SCALE VALUES) pt 1 (s 1) sub 2004 SL No. 196 s 6 PART 2—HOW TO USE SCHEDULE 4 pt hdg sub 2004 SL No. 196 s 6 Division 1—Injury div 1 (ss 2–7) sub 2004 SL No. 196 s 6 Division 2—Other matters div hdg sub 2004 SL No. 196 s 6 Court must have regard to particular provisions of sch 4 s 8 sub 2004 SL No. 196 s 6 Current as at 21 May 2014 Page 195
Civil Liability Regulation 2003 Endnotes Court may have regard to other matters s 9 sub 2004 SL No. 196 s 6 Whole person impairment s 10 sub 2004 SL No. 196 s 6 Medical report stating whole person impairment percentage s 11 sub 2004 SL No. 196 s 6 amd 2008 SL No. 264 s 5 Greater weight to assessments based on AMA 5 s 12 sub 2004 SL No. 196 s 6 Greater weight to assessments of PIRS rating s 13 sub 2004 SL No. 196 s 6 ISV must be a whole number s 14 sub 2004 SL No. 196 s 6 SCHEDULE 4—RANGES OF INJURY SCALE VALUES amd 2004 SL No. 196 s 7; 2008 SL No. 264 s 6; 2011 SL No. 102 s 9; 2012 SL No. 72 s 7 SCHEDULE 5—MATTERS RELEVANT TO PIRS ASSESSMENT BY MEDICAL EXPERT sub 2004 SL No. 196 s 8 SCHEDULE 6—PSYCHIATRIC IMPAIRMENT RATING SCALE sub 2004 SL No. 196 s 8 amd 2013 SL No. 109 s 16 sch 1 pt 2 SCHEDULE 6A—GENERAL DAMAGES CALCULATION PROVISIONS sch 6A ins 2010 Act No. 9 s 20 General damages calculation provisions—2 December 2002 to 30 June 2010 s 1 ins 2010 Act No. 9 s 20 amd 2010 Act No. 24 s 46 sch General damages calculation provisions—1 July 2010 to 30 June 2011 prov hdg amd 2011 SL No. 102 s 10(1) s 2 ins 2010 Act No. 9 s 20 amd 2010 Act No. 24 s 46 sch; 2011 SL No. 102 s 10(2) General damages calculation provisions—1 July 2011 to 30 June 2012 prov hdg amd 2012 SL No. 72 s 8(1) s 3 ins 2011 SL No. 102 s 10(3) amd 2012 SL No. 72 s 8(2) General damages calculation provisions—1 July 2012 to 30 June 2013 prov hdg amd 2013 SL No. 118 s 7(1) s 4 ins 2012 SL No. 72 s 8(3) amd 2013 SL No. 118 s 7(2) General damages calculation provisions—1 July 2013 s 5 ins 2013 SL No. 118 s 7(3) Page 196 Current as at 21 May 2014
Civil Liability Regulation 2003 Endnotes SCHEDULE 7—DICTIONARY def ankylosis ins 2008 SL No. 264 s 7(2) def digestive system sub 2008 SL No. 264 s 7 © State of Queensland 2014 Authorised by the Parliamentary Counsel Current as at 21 May 2014 Page 197